- (1.) The judgment and order under appeal is that of the High court at bombay in first appeal against the judgment of the Civil Judge, Senior division, Alibag, in a suit for compensation arising out of a road accident. The trial court decreed the suit. The High Court reversed the decree.
(2.) The appellant was a passenger in a bus of the Maharashtra State Road transport Corporation, the respondent. It was travelling on the night of 28/5/197575/29/5/1975 from Bombay to Goa. The appellant boarded the bus at bombay and was to alight at Khed. At about midnight, the bus went off the highway near Bhira Junction, collided with a culvert and fell into a ditch. The appellant sustained multiple injuries, including the fracture of a lumbar vertebra. He was first taken to the hospital at Mangaon and then spent the period between 30/5/1975 and 26/9/1975, at Dr Talwalkar's hospital at bombay. He claimed in his suit damages in the sum of Rs 1,50,000. 00, alleging that the bus had been driven in a rash and negligent manner and this had caused the accident.
(3.) The trial court, upon consideration of the evidence, applied the principle of res ipsa loquitur for the reason that the road was straight, there was a vehicle coming from the opposite direction which the driver noticed at a distance of 25 to 30 feet, that he did not apply the brakes, and that he lost control over the bus: if he had control he would not have gone off the road. The trial court discounted the case made out in the written statement that the accident had been caused by the dazzling lights of the vehicle coming from the opposite direction, for this had not been put in cross-examination to the appellant nor had this been said when the driver reported the incident to his superior officer. The trial court noted that though there were two conductors on duty and they were present in court, they had not been examined. Regarding the injuries, there was no challenge and the evidence of Dr talwalkar showed that the appellant's disability was permanent and could not be cured. The appellant was completely paralysed and could move only with the help of crutches or another person. Accordingly, damages as claimed were awarded.;