LAWS(BOM)-1984-11-64

NASIRUDDIN BAPULAL MALGAVE Vs. RAMESH ONKARI LAL

Decided On November 22, 1984
Nasiruddin Bapulal Malgave Appellant
V/S
Ramesh Onkari Lal Respondents

JUDGEMENT

(1.) JAVED , 12, studying in sixth standard in the Municipal School at Miraj was cycling towards Shivaji statue at the crossing of Pandharpur road and Miraj hospital road at Miraj. He was knocked down by a truck belonging to opponent No. 3 Surendrasing Bhatiya which was being driven by opponent No. 1 Ramesh Barot. The truck was insured with opponent No. 4 United Indian Insurance Company, Indore. The parents of Javed filed a motor accident claim No. 33 of 1981 before the Motor Accident Claims Tribunal at Sangli which dismissed the same. Hence the appeal.

(2.) THE driver of the truck who should have been the best witness to talk about the manner in which the accident took place has not been examined and we have the evidence of one Bapu Kadam who works as a cook in Benuka hotel situated towards south of Shivaji statue on Pandharpur road. Bapu was sitting in the hotel in the evening when there were no electric lights because of a break down in the plant. He saw a boy cycling on the Pandharpur road coming from the south as well as the truck coming from the eastern road which was taking a turn towards the south. The cycle dashed on the rear side of the truck and the truck driver Surendrasingh took the boy to the hospital.

(3.) PRIMA -facie it appears to be a very simplistic interpretation of the mechanics of the accident but one has to bear in mind that there were no electric lights in the town and the truck driver did have a duty of care towards young cyclist whom he could spot while taking a turn. As the truck driver has not entered the box we do not know whether the driver had switched on the lights of the truck and whether he had signalled either by hand or the indicator lights his intention to take a left turn. Under these circumstances we find that the truck driver as well as the boy Javed were guilty of contributory negligence in equal proportion.