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1987 Supreme(Bom) 14

SHARAD MANOHAR
Ramu Tolaram & Gulam Hussain Shaikh Mohamed & Rehematbi (Smt. ) wd/o Rajemohamed & Shaikh Mastan Madar Saheb – Appellant
Versus
Amichand Hansraj Gupta & others – Respondent


JUDGMENT - SHARAD MANOHAR, J.:---All these Appeals arise out of an accident which took place on 24-5-1968. The nature of the accident was of an extremely peculiar character and spells out a patent case of res ipsa loquitur. Really speaking, there is no dispute that the accident, which caused injuries to the appellant in First Appeal Nos. 579/75, 669/75, 602/76 and caused death of the husband of the appellant in First Appeal No. 601/76, was the result of the negligence of the person who was driving the vehicle at the relevant time. But the difficulty in this case is that nobody knows who was the driver and the respondents have studiedly refrained from bringing that fact before the Court. The appellants are ignorant and illiterate persons. Evidently, advantage is being taken of their ignorance and poverty.

2. The vehicle in question, MRC 5375, admittedly belonged at the relevant time to respondent No. 1. He had given the same for repairs to the Garage viz. Navyug Motors Garage. Respondent Nos. 2 to 4 are the partners of the firm owning the said garage. Respondent No. 5 is the Insurance Company with whom the vehicle has been insured by the owner, respondent No. 1. It appears that the w












































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