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1981 Supreme(Guj) 44

P.D.DESAI, S.B.MAJMUDAR
POPATLAL PARSHOTTAMDAS SHAH – Appellant
Versus
GUJARAT STATE ROAD TRANSPORT CORPORATION, AHMEDABAD AND ANOTHER – Respondent


Advocates Appeared: ARUN K.SHAH, N.C.LAHERI

P. D. DESAI, J.

( 1 ) ON 25/03/1973 the claimant aged about 54 at the time of the accident and about 56 at the time of the trial boarded the bus in question from Ahmedabad in order to go to Matar. He was occupying behind the drivers cabin. At about 9-30 P. M. when the bus was running on the highway between Jebalpur and Bareja the truck in question approached from the opposite side. There was a collision between the two vehicles. The right side of the truck dashed against the rightside of the bus. The driver of the bus lost control as a result of the impact The bus left the road and it hit against a tree and then came to a sudden stop. The claimant received various injuries as a result of the accident two of which were a fracture of the right acetabulum (the cup shaped socket in the side of the pelvis into which the head of the femur bone of the thigh is fitted) and a fracture of the head of the right femur. (see Ex. 136 certificate issued by Dr. N. R. Patel Es. 135 ). The claimant underwent prolonged treatment and was thrice operated upon consequent to the accident. There is serious dispute between the parties on the question whether or not the prolonged treatment and surgical opera
































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