BAPU NIVRUTTI DEVKATE Vs. PARVATIBAI BIBHISHAN JADHAV

JUDGEMENT

(1.) THE submissions of the learned Counsel appearing for the parties were heard on 28th February, 2008. The Appeal was kept for dictation of Judgment on 27th March, 2008. On account of paucity of time, Judgment could not be dictated and, therefore now the Appeal is kept today for dictation of Judgment.

(2.) THE appellant has taken an exception to the Judgment and Award dated 28th February, 1985 passed by the learned Member of the Motor Accident Claims Tribunal at Solapur. It will be necessary to briefly refer to the facts of the case.

(3.) IN the claim petition the appellant was impleaded as the purchaser of the said truck. A case was made out by the appellant (opponent No.1 in the claim petition) in his written statement that the driver of the truck was driving the truck by correct side at a moderate speed. It is alleged that the deceased was plying his bicycle on the wrong side of the road and the accident occurred due to negligence of the deceased. The driver of the truck namely the 3rd respondent in the Appeal also filed his written statement. It is his case that he was driving the truck in a normal speed and the entire negligence was on the part of the deceased. According to him the deceased and his friend were proceeding towards Vairag by two different bicycles. There was a bullock-cart in front of them. The truck was behind the said deceased and his friend. It is stated that on sighting the bullock-cart he reduced the speed of the truck and sounded horn. At that stage the deceased and his friend overtook the bullock-cart. It is alleged that the deceased after overtaking the bullock-cart instead of taking the bicycle to left side, turned his bicycle towards right. As he was carrying load, he could not balance the bicycle properly. He stated that the deceased was frightened as he lost his balance and the load carried by him fell down on the road. It is alleged that the 3rd respondent took the truck towards his right side and stopped. Thereafter he noticed that the deceased was lying on the tar road with bleeding injury to his head. It is stated that the 3rd respondent took the deceased to the hospital.