S. Surendrapal Singh vs Waman

B.G. Deo, J.—I have heard Shri Bhargade learned Counsel for the appellant and Shri Pimparkar the respondent in person.

The respondent is an Advocate practising at the District Court at Nagpur. According to the appellant the respondent was himself rash and negligent as a result of which motor-cycle bearing No. MTX 1524 dashed against the cycle which the respondent Waman s/o Nilkanthrao Pimparkar was riding and that, therefore the decree passed for Rs. 2,000/-with corresponding costs by way of compensation to the respondent Waman Nilkanthrao Pimparkar has to be interfered with. I cannot accept the contention of the appellant that the respondent was himself negligent The motor cycle of the appellant dashed against the cycle ridden by the respondent while the cycle was taking a turn. The rider of the motor-cycle was duty bound to take care at that time and as such the appellant was clearly liable to pay compensation to the respondent Shri Pimparkar. It is true that there was only one abrasion on left heel of foot of the respondent. All the same he has suffered mental pains and sufferings by the said accident and although he had incurred damages of Rs. 230/- for medical treatment, the respondent nevertheless was entitled for some compensation. In the instant case total compensation of Rs. 1000/- along with corresponding costs would meet the ends of justice. Following order is therefore passed.

The order passed by the Chairman, Motor Accidents Claims Tribunal, Nagpur, dated 21-9-1984, granting compensation of Rs. 2,000/-with corresponding costs to the claimant Shri Pimparkar is hereby modified and it is hereby directed that appellant S. Surendrapalsingh shall pay compensation of Rs. 1000/- with corresponding costs of both the Courts, to respondent-claimant Waman s/o Nilkanthrao Pimparkar.

The appeal is hereby disposed of accordingly.