SHAIKH FAROOQ MOHAMMAD GAOUSE Vs. TRANSPORT MANAGER

JUDGEMENT

(1.) THE appeal was admitted by this Court on 24-02-2009 and as private paper book was submitted, the printing was dispensed with due to urgency to decide the appeal in motor accident claim. Hence, taken up for final hearing by consent of parties.

(2.) HEARD learned counsel for the parties and perused the record.

(3.) FACTS mentioned briefly are, The appellant a young businessman running 'Alfa Electronics' at Mira Road, Thane with two employees for repairs of Mobile phones with acquired good will in the Market and business earnings of Rs.15000.00 per Month. He used to spend most of the business income for family members dependent on him and had also bought a Motor cycle for his business. On 02-05-2006 while the appellant-Claimant was travelling from Mira Road to Thane by the T.M.T. Bus bearing registration no.MH-04-G-2824, the driver was driving the Bus rashly and negligently in high and excessive speed. At about 12.20'noon time, the Bus had reached Cheina Bridge, Near Cheina village on Thane­Ghodbandar Road, when the driver lost control of the Bus due to its high speed and consequently it dashed against the parapet wall of the Bridge and thereafter fell down in the river and had submerged in the river­water. The appellant and others had sustained severe grievous injuries and some of the passengers had died. The Appellant was carried to the Civil Hospital, Thane and thereafter to the Sai Hospital, Shivaji Nagar, Thane (West) on the same day and thereafter the Paraplegic Foundation, Sion where he had received Medical treatment till 09- 10-2006. The crime was registered against the Driver at Kashimira Police station. It is case of the appellant that at young age of 33 years, he had suffered multiple fractures to his ribs medically identified at location as D-7, D-9 at vertebra, Spinal Cord, burst compression and he is suffering from permanent disability, despite huge expenses towards medical treatment, medicines, attendant etc. Due to permanent disability resulted from the accident mentioned as above he is unable to perform his work to earn livelihood, losing the monthly average income of Rs.15000.00 from his business of repairing the Mobiles. The appellant had claimed Compensation in the sum of Rs.65,28,975.00 on all counts.