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1981 Supreme(Guj) 122

B.K.MEHTA, V.V.BEDARKAR
DAHIBEN WD/o HIRABHAI MOTIBHAI PATEL – Appellant
Versus
CHITRABHAI CHAKABHAI MAKWANA – Respondent


Advocates Appeared: K.C.SHAH, P.V.Nanavati

V. V. BEDARKAR, J.

( 1 ) A question of some importance as to how in cases of fatal accidents of agriculturists compensation is to be computed arises in this appeal in the following circumstances:

( 2 ) ON 28-4-1979 there was an accident between a truck bearing no. G. T. S. 7023 and a tractor bearing No. G. T. H. 9119. The tractor was proceeding on the road to Browsed starting from village Bodal and lift was given to deceased Hirabhai Motibhai Patel about whose death the claim application concerned in this appeal was filed. He was to go upto Da- vol village. The case was that in the tractor there were various persons and it was being driven by Monsoons Mangalbhai Parmar original oppo- nent no. 4 (present respondent no. 4 ). It is the case that the truck in question driven by opponent no. 1 Chitrabhai Chakabhai Makwana (pre- sent respondent no. 1) belonging to opponent no. 2 Abdulbhai Bilalbhai Lakhani (present respondent no. 2) and insured with opponent no. 3 United India Insurance Co. Ltd. (present respondent no. 3) came in excessive speed. It was being driven rashly and negligently and on the wrong side of the road. It dashed with the tractor. The truck went into the wrong side and

















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