MAHARASHTRA STATE ROAD TRANSPORT Vs. MANOHAR MAHADEO VAIRAGE

JUDGEMENT

(1.) KALLAPPA Mallappa Vairage an agriculturist of village Alas, Taluka Shirol in Kohlapur district came to Sangli for cure of his daughter Janabai but by a quirk of fate the visit entailed not only in further damage to the health and well being of his daughter Janabai but also a permanent disability to his grand son Manohar aged nine years. All the three of them stayed in the house of Kallappa's sister situated on the southern side of Sangli-Miraj road and in the evening crossed the road when they were knocked down by S.T. bus coming from Miraj side.

(2.) AS a result of the accident the Motor Accidents Claims Tribunal, Sangli awarded damages for injuries to Kallappa and Janabai as well as Manohar who had received grievous form of the injuries.

(3.) MR . Hedge the learned Counsel for appellant challenged the award on two courts. Firstly, he argued that as the driver of the bus tried to avoid the dash to a young girl aged ten who darted as if from nowhere across the path he swerved the bus and in that attempt inadvertently hit the claimants. Secondly, Mr. Hedge challenges the quantum of compensation on the ground that no medical evidence has been adduced nor certificate produced to prove any permanent disability.