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1978 Supreme(Kar) 207

K.BHIMIAH, G.N.SABHAHIT
GANGARAM – Appellant
Versus
KAMALABAI – Respondent


SABHAHIT, J.

( 1 ) THESE three appeals and cross-objections arise out of the same accident, that occurred on 9-9-1973 at about 8-30 A. M. On the Chikodi Mudalgi Road near Bhandiwad cross. The original respondent-2 Babasab was driving the taxi, according to the claimants, in as rash and negligent manner, as a result of which, the front right tyre burst and the taxi left the road went on its off-side and turned somersault, as a result of which the two passengers in the taxi namely, Patil and Shinde died on the spot. M. V. C. No. 49/1973 was instituted by the widow and minor children of Patil claiming compensation of Rs. 70,000 from the respondents. The widow and minor sons of Shinde instituted M. V. C. No. 50/1973 claiming compensation of Rs. 60,000 from the respondents. The respondents are the same in both cases, respondent-1 is the owner of the car and respondent-2 is the driver. The respondents contested the claim. According to them, the accident was inevitable. The tyres were new. The front right wheel tyre burst, as a result of which, the driver lost his control over the vehicle. The vehicle turned somersault. Hence, they contended that they were not liable to pay compensation.















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