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1982 Supreme(Guj) 41

D.H.SHUKLA, R.C.MANKAD
CHODHARI FULJIBHAI MOTIBHAI – Appellant
Versus
FAKIR MOHMAD SAIYAD ALI SAIYAD – Respondent


Advocates Appeared: A.K.SHAH, M.G.DOSHIT, P.V.Nanavati, V.P.Shah

D. H. SHUKLA, J.

( 1 ) THE circumstances under which the appellant received injuries in the motor accident arose as under : the present appellant and others were proceeding to Unjha in a trailer of Dalasing Bhathibhai attached to the tractor with their agricultural produce. It is alleged that when the tractor crossed the river bridge between Moti Dau and Nani Dau a public carrier belonging to respondent No. 1 and driven by respondent No. 2 went from behind and dashed against the right side of the trailer on account of which impact the tractor and the trailer were thrown in a pit which was situated by the side of the road and the trailer capsized. The gunny bags which were lying in the tractor fell down and the appellant and his other companions were injured. By that time a bus belonging to S. T. Corporation came from the opposite direction. The public carrier of respondent No. 1 and the S. T. Bus collided. The appellant was removed to the Civil Hospital Mehsana and from there he was removed to the Civil Hospital Ahmedabad. The injured part of his body was put into a plaster and he was discharged from the Civil Hospital Ahmedabad after about four days. He was directed to go to the Ci








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