M. K. SHAH, P. D. DESAI, J.

( 1 ) A college student was returning after playing a cricket match representing his college i. e. Deesa Commerce College against the Modasa College by an S. T. bus from Modasa to Ahmedabad. During the course of this journey on the 30th of September 1971 in an accident he lost his right forearm; and these two appeals arise out of the claim petition filed in this behalf by the said claimant. When the S. T. bus in which the claimant was travelling came near Rakhial a truck bearing No. GTE 2358 came from the opposite direction. Both the vehicles were on a narrow road asphalted portion whereof was only 12 with a Kutcha strip on either side of the width of 5 ft. The claimant was sitting in the last but one rear seat of the bus resting his right arm on a window railing and when the vehicles passed each other his forearm was severed from the point of elbow joint and was thrown out on the road. He claimed an amount of Rs. 80 0 from the opponents.

( 2 ) OPPONENT No. 1 Chaturji was the driver of the said truck. This truck was owned by Keshavlal opponent No. 2 and the same was insured by opponent No. 3 insurance company i. e. The Jupiter General Insurance Company Ltd. The S. T. bus was being driven by opponent No. 4 Shantilal Modi and it was owned by opponent No. 5 the State Road Transport Corporation.

( 3 ) M. A. C. T. Application No. 10 of 1972 filed by the claimant was tried by the Motor Accident Claims Tribunal Ahmedabad (Rural) at Narol and on the evidence led before him the learned Judge presiding over the said Tribunal. come to the conclusion that the accident happened because of rash and negligent driving on the part of the drivers of both the vehicles. He also held that the claimant was not guilty of any contributory negligence. He awarded a sum of Rs. 43 200 as and by way of economic loss and Rs. 15 0 as special damages for shock and mental agony which the claimant had undergone and was likely to undergo for the rest of his life. He held that both the drivers were equally responsible for the said accident and he ordered that they should pay Rs. 58 2001 in all with interest at 6% from the date of the petition till realisation. The liability between opponents Nos. 1 2 and 3 of the one set and Nos. 4 and 5 of the other set was apportioned in equal proportion i. e. Rs. 29 100 for opponents Nos. 1 2 3 and Rs 29 100 for the other set of opponents Nos. 4 and 5 who were jointly and severally responsible for their respective liabilities. He also ordered to pay costs of the claimant in the said proportion.

( 4 ) AGGRIEVED by this order opponents No. 1 2 and 3 have approached this Court in F. A. No. 391 of 1973; while opponent No. 5 i. e. State Road Transport Corporation has approached this Court in F. A. No. 575 of 1973. Both the appeals were heard together and they are now being disposed of by this common judgment.

( 5 ) MR. S. K. Zaveri and Mr. D. K. Trivedi for Mr. G. N. Desai appearing for the appellants in both the appeals have first of all cont. ended that this is a case of exclusive negligence on the part of the claimant himself which resulted in the accident and the drivers of both the vehicles were driving their vehicles with care and caution and were not in any way guilty of any negligence in driving their respective vehicles resulting in the accident.

( 6 ) IN order to appreciate the contentions raised on both the sides some topographical idea of the place of the accident will be necessary. Apart from the Panchnama Ex. 73 of the scene of the accident the evidence of the witnesses also gives a fairly good idea about the same. The place is located on the highway between Ahmedabad and Modasa near Rakhial at a distance of about a mile and a half. The width of the asphalted portion of the road is 12 and on each side there is a Kutcha strip of road of the width of 5. With this background it will be now convenient to take up the points raised for consideration.

( 7 ) IT was contended on behalf of the appell

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