REHANA RAHIMBHAI KASAMBHAI Vs. TRANSPORT MANAGER, AHMEDABAD MUNICIPAL TRANSPORT SERVICE, AHMEDABAD

JUDGEMENT

(1.) THIS appeal arises out of the appellant's petition before the Motor Accidents Claims Tribunal, Ahmedabad, for getting the compensation of Rs. 17,700/ - on account of the injuries received by her as a result of collision with a passenger bus belonging to the Ahmedabad Municipality on 22nd July, 1968, on Maninagar -Vatva road between Uttamnagar and Prakashnagar bus stops in the evening at about 5.20 p. m. The learned Judge of the Tribunal having dismissed the appellant's claim petition, the appellant -petitioner has preferred this appeal. The petition was registered before the said Tribunal as application No. 15/69.

(2.) THE facts of the case are that the appellant -petitioner is studying in school and is residing with her parents at Isanpur. At the time of the accident, she was of 16 years of age and was studying in 9th Standard. She was usually going to her school and returning home on cycle. On the day of the incident after her school hours were over, she was returning home and proceeding from Jawahar Chowk to Uttamnagar. At that time one municipal transport bus which was driven by the original opponent No. 3. Dayabhai Chhaganji, was found coming from the opposite side from Uttamnagar bus stand. According to the petitioner appellant the said bus was being driven with an excessive speed and was running on its wrong side. The story of the appellant is that when she first saw the bus, it was at a distance of about 40 ft. from her and though she saw that the said bus was coming in front of her on the wrong side, she thought that the bus would take the right side of the road but after a few minutes she found that the bus continued to rush towards her at the same speed. The appellant says that thereupon she apprehended danger to her life and thought that the bus was likely to hit her. The appellant further claims that she was going on the left extremity of the road. Beyond this road was a kutcha strip of road which was full of pits and some cement concrete machine was also lying there. The appellant says that therefore it was not possible for her to go further on her left, with the result that she took a decision to swerve towards her right hand side, presuming that she would be able to bye -pass the bus safely as the bus was rushing towards her left hand side. However, according to the appellant, even the driver of the bus swerved his vehicle towards the same side with the result that her cycle collided with the left hand front bumper and wheel of the bus. The appellant's cycle was entangled in the bumper of the bus and she herself was thrown away on the kutcha road on her right hand side, at a distance of about 10 ft. from the place of collision. Immediately thereafter the bus stopped. The appellant says that after being thrown away she was rendered unconscious.

(3.) IT is found that the appellant was totally disabled for about six weeks during which time she could not attend her school. It is the case of the appellant that before the accident she was able to take part in sports, and being a good sports girl, she took part in the sports competition for running, hopping and kho -kho and also secured prizes on some occasions. However, an account of the injury which she has received, she is not now able to pursue any of these games. She is not able to run on account of the limp and though previous to the incident she sometimes used to walk the distance between her house and her school, she is now required to go to the school only by bus. In her deposition, the appellant claim that now on account of her permanent disability she is not able to walk at a stretch for more than 20 to 25 minutes because if she tries to walk, she gets pain. She further deposes that she can climb the stairs very slowly and feels ashamed on account of her limping gait.