M.K.SHAH, P.D.DESAI
CHATURJI AMARJI – Appellant
Versus
AHMAD RAHIMBUX – Respondent
( 1 ) A college student was returning after playing a cricket match representing his college i. e. Deesa Commerce College against the Modasa College by an S. T. bus from Modasa to Ahmedabad. During the course of this journey on the 30th of September 1971 in an accident he lost his right forearm; and these two appeals arise out of the claim petition filed in this behalf by the said claimant. When the S. T. bus in which the claimant was travelling came near Rakhial a truck bearing No. GTE 2358 came from the opposite direction. Both the vehicles were on a narrow road asphalted portion whereof was only 12 with a Kutcha strip on either side of the width of 5 ft. The claimant was sitting in the last but one rear seat of the bus resting his right arm on a window railing and when the vehicles passed each other his forearm was severed from the point of elbow joint and was thrown out on the road. He claimed an amount of Rs. 80 0 from the opponents.
( 2 ) OPPONENT No. 1 Chaturji was the driver of the said truck. This truck was owned by Keshavlal opponent No. 2 and the same was insured by opponent No. 3 insurance company i. e. The Jupiter General Insurance Company Lt
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