B.K.MEHTA, S.B.MAJMUDAR
KHODABHAI BHAGWANBHAI – Appellant
Versus
HIRJI TAPU – Respondent
( 1 ) THIS appeal is filed under sec. 110-D of the Motor Vehicles Act by the original applicants in Motor Accident Claim Case No. 27 of 1970 filed before the Motor Accidents Claims Tribunal Bhavnagar. Their Claim Petition having been dismissed by the Claims Tribunal they have approached this Court by way of the present appeal. The appellants original applicants preferred the aforesaid Claim Petition on account of the fatal accident caused to one Bai Ratan who was the wife of original applicant No. 1 and mother of applicants Nos. 2 to 9 contending that she died on account of an accident caused to her when she was travelling on foot on Talaja Palitana Road on 8-7-70.
( 2 ) THE case of the original applicants is that at the relevant time deceased Bai Ratan was going on foot on the Talaja Palitana Public Road proceeding from Palitana to her village Mota Pipaliya. She was walkingon the extreme left side of the road. When she arrived near a Nala on the road known as Unda Nahera an S. T. Bus being No. G. T E. 3409 belonging to respondent No. 2 State Transport Corporation and driven by its driver respondent No. 1 opponent No. 1 came from the opposite side i. e. from the s
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