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1995 Supreme(SC) 16

N. P. SINGH, A. M. AHMADI
R. D. Hattangadi – Appellant
Versus
Pest Control India Private LTD. – Respondent


Advocates:
G.L.SANGHI, J.K.DAS, J.Savla, NINA GUPTA, PRAMOD DAYAL, S.M.Sarin, URMILA SIRUR, V.Kumar

JUDGMENT

N. P. SINGH, J.:- The appellant met with an accident while travelling in an Ambassador Car (Registration No. MEQ 4583) on 20-5-1980 at about 8.30 A.M. near village Sirur on Karwar-Mangalore Road (National Highway No. 17) within the State of Karnataka. There was a head on collision between the car in which the appellant was travelling and the Motor Lorry (Registration No. MYS 7218). Because of the said collision, the driver of the car in which the appellant was travelling was thrown out and died on the spot, whereas the appellant was trapped between the dashboard and the seat. Mr. Nagarkatti who was also travelling with the appellant in the car was thrown on the road. The impact was so severe that the front left side of the door of the car was jammed and could not be opened. Seeing the accident, the villagers gathered and broke open the left side of the car with the help of crow bar and the appellant was taken out. The appellant was removed to the Kasturba Hospital where he was treated as indoor patient from 20-5-1980 to 27-5-1980. When the relations of the appellant reached the hospital, a decision was taken to remove the appellant to Bombay and accordingly on 27-5-1980 he
























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