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1973 Supreme(Guj) 23

J.B.MEHTA, S.H.SHETH
CHANCHALBEN GORDHANDAS SOABHAIM PATEL – Appellant
Versus
SHAILESHKUMAR PANDURAO THAKORE – Respondent


Advocates Appeared: B.R.SHAH, C.K.TAKVANI, S.B.VAKIL

S. H. SHETH, J.

( 1 ) ON 17th January 1968 original opponent No. 1 had been driving scooter No. GJE 3177 in the City of Ahmedabad. Opponent No. 2 is the owner of that scooter and opponent No. 3 is its insurer. It was of Lambretta make. Opponent No. 1 is hereinafter described as the Lambretta driver for the sake of clarity. Opponent No. 4 had been driving his own scooter No. GJE 4742. It was insured with opponent No. 5. Opponent No. 4 is hereinafter described as the Vespa driver for the sake of clarity. The latter mentioned scooter was of Vespa make. On the pillion seat of the Vespa scooter Gordhandas (hereinafter referred to as the deceased for the sake of brevity) residing in the Pritamnagar Jain Society area of the City of Ahmedabad bad been sitting. The Lambretta driver and the Vespa driver had been proceeding on the cross roads. At the intersection of the roads the Lambretta scooter struck the Vespa scooter as a result of which the latter scooter was thrown away into the fending of a neighbouring bungalow and it got entangled therein. The deceased who was on the pillion seat of the Vespa scooter fell down in the fencing and sustained multiple injuries and multiple compound and c













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