B.P.JEEVAN REDDY, SUHAS C.SEN
United India Insurance Company LTD. – Appellant
Versus
Narendra Pandurang Kadam – Respondent
JUDGMENT
SEN, J. :- Leave granted.2. This case has arisen out of an insurance claim made by Narendra Pandurang Kadam. Narendra was a bright student studying Industrial Electronics. He stood first in his class and fourth in the college. He was physically fit and a sportsman. On 18-5-1980, at about 6 a.m., Narendra was travelling with one Sunil David on motorcycle bearing No. GDC-7526 along Afonso de Albuquerque Road, Panaji, Goa. When the motorcycle carrying the claimant and his companion had reached a road crossing the bus No. GDC-1574 driven by the Alisaheb Appasaheb Nadar, belonging to Ashok Vishwanath Naik came from the Western section of Albuquerque road, and collided with the motorcycle. As a result of which Narendra sustained serious injuries.
3. Narendras case is that the accident was due to rash and negligent driving on the part of the driver of the bus. He was plying the bus at very High speed, and was unable to control the vehicle at the inter-section. After the accident the motor cycle was dragged to a considerable distance before the bus could be stopped. As a result of the accident, Narendra sustained fracture of the bone in the left leg resulting in permanent shortenin
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