MAHARASTHRA STATE ROAD TRANSPORT Vs. SHOBHANA HEMCHAND SHETH

JUDGEMENT

(1.) ON 24-6-1974 a scooter being driven by Kishore and having Uday as a pillion driver crossed the railway over bridge near Mal-Bungalow on Madhavnagar-Sangli road. Bus No. MHO-9780 owned by the Maharashtra State Road Transport Corporation and driven by Ghodake followed the scooter. Both the vehicles had to traverse the bridge running north-south of which 250 feet were on the upwards gradient and after the vehicles reached the top of the bridge, they had to descend a like length. Driver Ghodake saw the scooter ahead of him, blew the horn to warn the scooterist but it appears that the bus dashed against the scooter throwing the driver Kishore on the eastern side of the road while pillion drivei Uday was thrown towards the wester side. Kishore escaped wita minor abrasions but Uday was not that lucky and died on the spot.

(2.) UDAY 's mother Shobhana and her three daughters filed a suit in the Court of the Civil Judge, Senior Division, Sangli at Sangli for damages and as the Court awarded damages of Rs. 2,00,000/- the Maharashtra State Road Transport Corporation appeals.

(3.) AS against this evidence of Ghodake, Kishore the driver of the scooter has explained that he was driving the scooter on the correct side of the road with moderate speed and they were on the sloping portion of the road after clearing the bridge. The S.T. bus coming from behind that is from south dashed against the scooter because the bus was being driven at high speed. As a result of the impact the scooter swerved towards the western side of the road and Kishore was thrown on the eastern side while Uday on the western side. On the question from the court Kishore explained that after the first impact the steering took a right turn and the scooter automatically dragged to the western side of the road.