J. B. MEHTA, S. N. PATEL, J.

( 1 ) BOTH the insurance companies of the two vehicles which were involved in this accident have filed appeals in these two matters; while the original claimants the widow and five minor children of the deceased have filed cross objections for getting their full claim of Rs. 29000/by way of damages.

( 2 ) THE accident took place on October 25 1967 the New Year Day of Samvat 2022 at about 9-30 A. M. when the deceased compounder in the company of head compounder Devendra Chandrashanker Ex. 92 was going to the bungalow of the Civil Surgeon Junagadh situated in Datar Manzil at some distance away from the Manoranjan Guest House to offer his New Year Greetings. The deceased at that time was walking on the footpath near the triangular children garden adjacent to the District Library near Kalwa Chawk and was proceeding towards Manoranjan House. The truck in question came over on the footpath from the opposite direction and collided against the Baniyan tree which got uprooted and one of its branches fell on the deceased as a result of which the deceased sustained fatal injuries on the head and died on the spot. The truck had not stopped after colliding with the b

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