DEVRAM S O LAXMANDAS JAMVAT Vs. DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION NANDED

JUDGEMENT

(1.) THIS Appeal is directed against the dismissal of application for compensation by Ex Officio Member of the Motor Accident Claims Tribunal, Nanded.

(2.) THE application was made to the District Judge, Nanded, who is an Ex-Officio Member of the Motor Accidents Claims Tribunal, Nanded under section 110a of the Motor Vehicles Act for compensation by minor Devram through his natural father Dayaram for compensation of Rs. 1,00,000/- for permanent disability and disfiguration of right leg below knee. However, that application against the Divisional Controller, Maharashtra State Road Transport Corporation, Nanded came to be rejected on the ground that the accident took place because of the negligence of the applicant himself and not of the S. T. driver. Aggrieved by this decision and disappointed by this order, injured Devram has come to this Court in appeal.

(3.) IT would be useful to take a brief resume of facts before going to the crux of the matter. These facts are not doubted and indeed cannot be disputed. The S. T. bus of which Puran Singh was driver on that fateful day of 13th February 1979 left Habib Talkies at about 10. 00 a. m. and reached Civil Hospital a stop. Taking usual halt there, the bus took turn near Shivaji Statue and proceeded towards Prabhat Talkies. It was on that way the accident took place. The right leg of the boy came underneath the right rear wheel of the S. T. bus and it got so badly injured that in the operation it was to be amputated. These are the facts which can be safely taken as admitted or otherwise proved by the evidence on record.