AHMEDABAD MUNICIPAL CORPORATION Vs. NIRANJAN AMBALAL PATEL

JUDGEMENT

(1.) A tragic accident left in its trail telltale after-effects on the lives of two young men and gave rise to twin claims for compensation. After the usual period of hibernation and gestation the claims produced a common award. The offspring fell short of the expectations and aspirations of the claimants and it belied the anticipation and estimation of the adverse party. In its turn it has given birth to these quadruple appeals.

(2.) The accident occurred at 10 A. M. on 2/09/1972 The site of the accident was a spot in the vicinity of the Jyoti Sangh building on the Relief Road Ahmedabad. The vehicles involved in the accident were a rickshaw bearing Registration No. G. T. E. 972 and a municipal bus bearing Registration No. G.T.A. 8395. The two persons who suffered injury in the course of the accident are Niranjan aged about 21 married and employed as a helper in the Design Department of the Calico Mills at Ahmedabad on the date of the accident and at the date of trial and Bharat aged about 21 unmarried and unemployed both on the duty of the accident and at the date of trial. The two young men were travelling in the rickshaw which was proceeding from west to east that is to say from Lal Darwaja side to the station side. The municipal bus was proceeding from east to west that is to say from the Station side to Lal Darwaja side. Near the Jyoti Sangh building there was a collision between the rickshaw and the bus and the right front side of the rickshaw took the impact of the accident. As a result of the impact the rickshaw turned round half a circle facing the direction exactly opposite to that in which it was proceeding and in the process it got overturned and fell on if it left side.

(3.) Niranjan who was sitting in the rickshaw on the right side got trapped under the rickshaw whereas Bharat who was sitting next to him on the left side was thrown out on the road. Both received injuries and lost consciousness soon after the accident. Niranjan received minor injuries near the right eye and over the nose and on two fingers. The major injury which he sustained however was a fracture of the right femur. Bharat sustained minor injury over the right knee joint. The major injury in his case however was on the right eye which resulted in an instantaneous loss of vision in the said eye. Niranjan was admitted in the Vadilal Sarabhai Hospital at 11.50 A.M. whereas Bharat was admitted in the said Hospital at 1-30 P.M. on the same day. Niranjan received treatment as an indoor patient in the hospital from 2/09/1972 till Sep 23/09/1972 During the period of his hospitalizations he was operated upon and a nail was inserted at the site of the fracture. His parsed of treatment as an outdoor patient continued for a period of two months after the date of his discharge from the hospital. For a period of about four months he was bed-ridden and for a period of about 21 months thereafter he was on crutches and confined to home Thereafter he started slowly moving out of the house and walking with the aid of a stick. Until he moved out of the house he remained away from his job. As to when exactly he joined duty however there is no evidence on record. Bharat received treatment as an indoor patient in the hospital from 2/09/1972 till Sep 14/09/1972 He continued to receive treatment as an outdoor patient for a period of 15 days after his discharge from the hospital. Subsequently he took treatment from an Eye Specialist for a period of about one week. Nothing helped him however and the lost vision was not restored either wholly or partially or even minimally. At the time of the accident he was prosecuting studies in the Second Year B. Com. Class in the N.C. Bodiwala Commerce College at Ahmedabad. The tragic consequence of the impairment in his vision was that he could not resume studies which he has now permanently left.