INFANT Sancharie, who was injured in 1965 in a passenger-bus accident, was at the age of 10 when Judge Mitchell granted her $4, 414.25 judgment with costs to be taxed against the defendants.
On 28th April, 1965 , the plaintiff, an infant , was a passenger in a bus owned by the first-named defendant, Shabeer Khan, and driven by the second-named defendant, Motilall, as servant and or agent of the first-named defendant, when she sustained injuries, in a bus that toppled.

A portion of the road on which the bus was travelling was under repair and sand was being discharged from a parked truck on the western side of the road . The repairs were to the surface and traffic was permitted to and did pass on the eastern side of the road . There were drums about three (3) feet apart on about thirty (30) rods of road indicating that it was being repaired and a man on the road signallng the path vehicles ought to follow.
The bus was proceeding along about the middle portion of the eastern side of the road and as it was passing the truck, it swerved to the right and in doing so toppled, with consequential damage to the plaintiff.

The plaintiff, by her guardian and a friend, Bhagaratty, on 26th March, 1969 filed an action against the defendants for damages. The defendants asserted that the accident was not caused by negligence on their part but was attributable to inevitable accident. In furtherance of their defence , the defence argued that the action was statute-barred.
HELD: (1) That even though the road was under repairs , there is no evidence from which it could be said that the area was interfered with, to the extent to make it probable that subsidence of soil took place under the weight of the bus.

(2) If the second-named defendant had not swerved when he was passing the parked truck , he would not have deviated from the normal path of the road and to such extent as to cause the bus to topple. The accident, was not attributable to inevitable accident , as the second-named could have prevented the accident by the exercise of ordinary care and caution.
(3) It was the driving of the second-named defendant and no other factor in those circumstances which was responsible for the “toppling” of the bus with consequential injury to the plaintiff.
(4) An infant who has a cause of action is not obliged to wait until the age of majority to bring the action, but the disability by reason of minority continues and the period of limitation does not begin to run until that disability is removed by the coming of age.
Judgment for the plaintiff in the sum of $4, .414.25, against both defendants, jointly and severally with costs to the plaintiff to be taxed.

JUDGMENT FOR THE PLAINTIFF.
J.O.F. Haynes, S.C. for the plaintiff.
A. S. Manraj, S. C., for defendants.
Justice Mitchell began judgment by saying “The hearing and judgment of this matter has been protracted for reasons over which this Court has no control. “
The plaintiff’s claim against the defendants jointly and severally is for damages in excess of five hundred dollars ($500.00) for negligence by the defendants, in driving and management of motor bus No. B.P. 286 at Johanna Cecilia , Essequibo Coast in the county of Essequibo,Guyana, on 28th April, 1965, whereby the plaintiff suffered loss and injury.
The plaintiff alleged that on 28th April, 1965 she was a passenger in the motor bus BP 286 which was owned by Shabeer Khan, the first-named defendant and driven by the second-named defendant, Motilall, who was a servant and or agent of the first named defendant , on the Johanna Cecilia Publi c Road , Essequibo ,when by reason of the negligence of the second-named defendant , the said motor bus BP 286 overturned and as a result the infant-plaintiff was injured and was hospitalised for over two months .
When the bus toppled the plaintiff was one of several passengers in the bus.
She became unconscious after the bus toppled over and regained consciousness in the Suddie Hospital where she spent three days . She was taken to the St. Joseph’s Mercy Hospital,where she spent three months and 10 days.