MASTER ARJUN FATCHAND GOVINDANI Vs. BALSHIL GULATI

JUDGEMENT

(1.) At the age of about 16 years, the appellant, while walking on the road, was injured by a lorry belonging to the 1st respondent and insured with the 2nd respondent New Indian Assurance Co. Ltd. As a result of this accident the appellant suffered permanent disability of 25 per cent on his left leg and in the circumstances, he file an application before the Motor Accidents Claims Tribunal, Greater Bombay, claiming a sum of Rs. 35,000/- in all by way of damages. The Tribunal held the driver of the lorry negligent and the appellant guilty of contributory negligence to the extent of 50 per cent. The general damages were assessed at Rs. 14,000/- and special damages at Rs. 1324/- but on account of contributory negligence on the part of the appellant, the Tribunal awarded Rs. 7662/-. The present appeal is directed against the said judgment and award.

(2.) Respondent No. 1, the owner of the lorry has filed cross- objection challenging the validity of the award altogether.

(3.) The facts are that the appellant resides with his family at Plot No. 235, Koliwada, Bombay. On 18th September, 1973, at about 11 p.m. he was returning home from Goluk Temple at Koliwada and was walking along the Sion-Koliwada Station Road, on its left side from south to north. The appellant had preference to walk on the road as the footpath was covered with debris. While the appellant was waling a motor lorry came from behind and hit him and the rear left wheel of the lorry passed over the lower portion of the left leg of the appellant. His right leg was also lightly injured. The driver of the lorry did not stop and sped aware from the scheme. The number of the motor lorry "MRS-9358" was noticed by Purshottamdas, the brother of the appellant, who was at that time walking on the other side of the road. The appellant was first removed to his house which is not very far from the place of the accident. Thereafter, he was removed to the Sion Hospital where he remained as an indoor patient for two months. Afterwards, he had to attend the O.P.D. for eighteen months.