GURUNATH P. NAIK Vs. NARENDRA GOVIND CHODANKAR

JUDGEMENT

(1.) IN Claim Petition No. 72 of 1986 a sum of Rs. 1,10,000/- has been awarded to respondent No. 1. This award is now challenged in the present appeal by the driver and owner of a tourist bus bearing registration No. GDS 2245.

(2.) MR . R.G. Ramania, learned Counsel for the appellants, has raised two questions for consideration in this appeal. In the first place, according to him, regard being had to the evidence on record, the manner in which the bus in question passed over the left foot of respondent No. 1 while negotiating a circuitous road near the Secretariat at Panaji, it was clearly incumbent upon the Tribunal to have imported the doctrine of contributory negligence and that way ought to have apportioned the responsibility for the accident at least in the ratio of 50:50. In the second place, the other grievance is that the Tribunal has awarded a sum of Rs. 50,000/- by way of general damages on the sub-head of pain, suffering and shock and at the same time has awarded a further sum of Rs. 50,000/- by way of general damages on the sub-head of discomfort, inconvenience and permanent disability and another sum of Rs. 10,000/-by way of special compensation to enable the respondent No. 1 to have treatment in future. According to the learned Counsel, there is no justification for grant of huge compensation of Rs. 50,000/- on the subhead of pain, suffering and shock and, in any case, the special compensation of Rs. 10,000/- is not at all justified.

(3.) IN support of his case as to how the accident took place he adduced the evidence of his pillion rider, M.V. Premdas, AW 2. He confirmed the story as told by the original claimant and clearly speaks as to how the right front wheel of the bus passed over the left foot of the claimant. According to him, the tourist bus was following them and collided against the motor cycle on the curve on the road at the back of the Secretariat.