SUNANDA DHAPAL SHAHA Vs. BABURAO SHANKARRAO SHINDE

JUDGEMENT

(1.) DHANPAL R. Shaha was a bank official of Kagal drawing total emoluments of Rs. 1357/- including allowances. Out of this gross amount of pay he used to make contributions towards Provident Fund and repayment of loans and his carry home packet was Rs. 1000/-.

(2.) ON 22-8-1980 Dhanpal who was on leave took out his scooter and told the members of his family that he is proceeding to Kolhapur to get some wrist watches etc. repaired. Kagal is situated on the national highway which taken northernly leads one to Kolhapur. The road is 24' wide flanked by kachha shoulders of 11 on either side. A petorl pump is situated on the road on the western side which has to approaches so that vehicles filling their tanks with petrol can effect ingress and egress in a convenient manner. A pan beedi shop caters to the needs of the drivers.

(3.) THE widow and children of Shaha filed a motor accident claim No. 4 of 1981 before the Tribunal at Kolhapur which found the truck driver and Shaha guilty of contributory negligence in equal proportion and on the concession made by the Insurance company made an award of Rs. 15000/- against which the present appeal has been preferred by the claimants.