RAMJI GHAYAJI Vs. CHANDRAKANT CHINTAMAN

JUDGEMENT

(1.) THIS is the original plaintiff's appeal arising out of the compensation suit which was partly decreed by the trial Court. In the original suit, the claim was to the tune of Rs. 20,000/-. In the appeal, the same is for Rs. 17,500/-. The compensation is sought by the appellant-plaintiff who, admittedly, is the natural father of the deceased Bansilal. Bansilal met with his death in a car accident that occurred on January 15, 1968 at about 6-45 p.m. The deceased Bansilal appears to be of 18 years of age at the time of his death. While he was driving a cycle, he was dashed by Car. No. BMF 7164 in from of the gate of Alta Company at Khopoli. The car involved in the accident belonged to defendant No. 1 and was insured as such. The driver of the car by name Ganpat was also prosecuted and was convicted. It is no more in dispute that Bansilal died as a result of the injuries on January 16, 1968.

(2.) HAVING held that the accident occurred due to negligent driving the trial Court recorded the finding that the deceased Bansilal would have given Rs. 15/- per month to his father, i.e., the present appellant-plaintiff, and on that basis the appellant-plaintiff was held to be entitled to a sum of Rs. 2,500/-. That holding is in question in the present appeal.

(3.) TURNING to the quantum of compensation, the evidence of Ramji Chavan (PW 1), who is the father of the deceased Bansilal, Chhaganlal Jasaraj (PW2)and Rahim Shakur (PW 3) clearly goes to show that the deceased Bansilal, who was the second eldest son of Ramji Chavan, was a motor mechanic. He was trained in that regard and was in a position to earn as such. They evidence with regard to his employment by Rahim Shakur is not that satisfactory, for in the application itself it is stated that the deceased Bansilal was in search of employment while the evidence is tendered of both Chhaganlal Jasaraj and Rahim Shakur so as to indicate that the deceased Bansilal was actually employed. The evidence thus is not satisfactory, but one thing is clear that the deceased Bansilal was knowing mechanism and could have been gainfully employed as a mechanic in a motor garage.