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1981 Supreme(Guj) 149

P.D.DESAI, S.B.MAJMUDAR
SOMABHAI VAJABHAI – Appellant
Versus
BABUBHAI BHAILALBHAI – Respondent


Advocates Appeared: P.V.Nanavati, U.P.JADEJA

P. D. DESAI, J.

( 1 ) NEAR Champaner Darwaja in the City of Baroda on 27/06/1976 at about 9-30 P. M. a young man aged about 20 who was riding a bicycle was knocked down by tanker No. GTG. 2074 which was owned by the first respondent and which came from behind. The injury sustained during the course of the accident consisted inter alia of the fracture of the pelvic bone and rupture of urethra. The injured was removed to the S. S. G. Hospital from the scenes of accident. He was operated upon in the early hours of the next day at about 2 A. M. Two more operations were performed during the course of his hospitalization which lasted upto 17/09/1976 At the time of discharge the injured was advised to report again for dilatation once every fortnight as he was experiencing difficulty in passing urine owing to the accident injury. The evidence on record indicates that the difficulty persisted requiring hospitalization for brief periods on several occasions even after the initial discharge of the injured from the hospital. The injured ultimately expired after nearly seventeen months on 25/11/1977

( 2 ) PRIOR to his death and while he was still languishing under the impact of the accident injur

















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