AVADH BEHARI ROHATGI

( 1 ) ON 18/08/1964between 5 and 6 in the evening two brothers Suresh Chander (the deceased) and Ramesh Chander were going on a scooterfrom their office to their residence. They passed through Alipurroad beyond Kashmere Gate. The deceased was driving thescooter and Ramesh was a pillien passenger. When they reached20, Alipur Road, known as Sant Permanand Blind Relief Mission Building, opposite Rai Sahib Bhola Ram Petrol Pump, abranch of the neem tree standing there fell on the deceased. Hishead was crushed. He was rushed to Irwin Hospital where hedied the following morning at about 11 a. m. inspite of a surgical operation. A piece of wood was found in his brain.

( 2 ) THE deceased left behind a widow, three minor sonsand a minor daughter besides his mother. All six of them broughta suit for damages claiming Rs. 3,00,000 from the defendants,namely, (1) Municipal. Corporation of Delhi, (2) Union ofindia, and (3) Delhi Administration. The suit was partially decreed by a learned judge of this court on the original side. Adecree of Rs. 90,000 was passed in favour of the widow andthe children against Municipal Corporation (the Corporation ). Against defendants 2 and 3

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