K.L. KASAR Vs. HARIBHAU SAVLARAM SHEJWAL

JUDGEMENT

(1.) THANE -Mumbra Road which is a segment of Pune-Bombay highway is a 24 feet wide one and runs Parallel to the railway track near the crossing of Kharigaon diversion and the National Machinery Manufacturers factory near Kilometre No. 142.

(2.) ON 15-9-1979 one Dnyaneshwar, a student of 10th Standard in the New English School, Thane, was returning home from Mumbra on his bicycle on the Pune-Bombay highway. As he approached the Kharigaon diversion, his bicycle dashed against an oncoming lorry belonging to Kasar which was being driven by Gopi Chavan. As Dnyaneshwar was killed in the accident, his parents, sisters and brother filed a claim before the Motor Accidents Claims Tribunal, Thane, which awarded compensation of Rs. 1,00,000/- against the opposite parties jointly and severally, which gives rise to this appeal by the owner of the lorry and the Insurance Company.

(3.) AS regards the alleged negligence of the deceased in overtaking a lorry and a bullock cart which were moving slowly ahead of him, it appears from the evidence of Ravindra Ghute, a Constable, who was sitting in the driver's cabin of Kasar's lorry at the relevant point, that the cyclist had already overtaken the bullock cart when he dashed against the lorry. Constable Ravindra admits that his lorry was being driven at a high speed and even the lorry driver Gopi Chavan is candid enough to say that he had noticed another lorry coming from the opposite direction when it was at a distance of about 20 feet and that the speed of that other lorry, which was overtaken by the cyclist, was not more than 5 Kilometres per hour. This is, in the nature of things, how it should be; otherwise a cyclist could not kave overtaken a lorry. As the road was 24 feet wide with 6 feet wide shoulders on either side, there was enough space between the torry which was overtaken by the cyclist and the right hand side of the driver's cabin of the lorry driven by Gopi Chavan. Further on Gopi Chavan also admits that the road at the time of the accident was clear, that there was no vehicle or pedestrian or any sort of obstruction in front of the bullock cart and that there was enough leeway for Gopi Chavan to negotiate with a view to avoid the accident.