SAVITRIBAI CHANDRAKANT GAWADE Vs. MAHESH TRADING COMPANY

JUDGEMENT

(1.) THE appellant herein filed application claiming compensation to the tune of Rs. 25,000/- as she suffered serious injuries to her right foot due to the accident which occurred on 30th March, 1982.

(2.) ON 30th March, 1982 at about 5.30 a.m. the appellant was proceeding in the Rickshaw No. MT'S 4920 along with her husband and child. She was proceeding from Thane Railway Station towards Kalwa sidejlt was the case of the appellant that when the Rickshaw came near the Kalwa Police Outpost on Bombay-Pune Road, Truck No MTT-8415 came from the opposite side. It was driven in a high speed and rashly. The truck brushed against the rickshaw causing serious injury to her right foot due to which she was required to be hospitalised and to take long treatment. The said truck was owned by respondent No. 1 and was insured with respondent No. 3 at the relevant time. The claim made by the appellant came to be resisted on behalf of the appellant and respondent No. 3 inter alia on the grounds that the said truck was not at all involved in the accident. The claim was in the nature of fraudulent one. The rickshaw driver begged lift from the truck for going to Bhandup and when he reached Bhandup he raised an alarm and informed the police. The truck was not concerned with the accident at all and there was no negligence on the part of the driver of the truck.

(3.) THE learned Advocate for the appellant submitted that the learned Member has committed an error in holding that there was any contributory negligence on the part of the appellant and it was an error to order reduction of 50% of compensation on that basis. He submitted that the learned Member has merely gone on surmise and there was no evidence whatsoever suggesting any contributory negligence on the part of the appellant. Therefore, the only point that is to be decided by me in this Appeal is whether there was any contributory negligence on the part of the appellant.