DINKAR MAHADEV MAHIND PATIL Vs. RATNA BAI

JUDGEMENT

(1.) THE only question argued in this appeal is that the accident took place because of the negligence of the boy aged about 9 years, the deceased.

(2.) SHRI Varadayya, the learned Counsel appearing for the appellant contended before us that from the recitals in the panchanama as well as in the cross-examination of Kashinath, the only eye witness, it is more than clear that the deceased and the tractor were going in the same direction. The deceased was driving the bicycle by catching the truck by one hand. In that process he got a jerk and fell down and therefore the accident took place. It is not possible for us to accept this contention.

(3.) HENCE appeal fails and is dismissed with costs. No separate orders are necessary in the Civil Application no. 2427 of 1983. However, in our view an appropriate order will have to be passed by the Tribunal about the investment or payment of compensation amount to the dependants in tune with the guidelines laid down by this Court in Nav Bharat Builders v. Smt. Pyarabai w/o Dadu Mane 1984(2) BCR 9 : ACC 1984(2) (DB) 424, Therefore we direct that the Tribunal shall pass appropriate orders keeping in view the guidelines laid down by this Court in the aforesaid judgment.