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1989 Supreme(Guj) 123

A.P.RAVANI, M.B.SHAH
COMMISSIONER OF JAMNAGAR MUNICIPAL CORPORATION – Appellant
Versus
VIJAYKUMAR BHAGWANJI – Respondent


Advocates Appeared: J.R.NANAVATI, S.B.TRIVEDI

A. P. RAVANI, M. B. SHAH, J.

( 1 ) RESPONDENT-ORIGINAL claimant met with an automobile evident on feb. 19 1983 while boarding a public but beginning Jamnagar Municipal Corporation. He fell down from the bus the bus had started all of a sudden with a jerk. On account of the accidental injuries he was admitted in hospital as indoor patient. The injury resulted into permanent partial functional disability of left lower limb the extent of 22%. The Doctor who has examined the injured has also opined that the injured will have difficulty in walking and running and will be difficult for him to sit cross-legged and in squatting position.

( 2 ) THE respondent-original applicant claimed an amount of Rs. 1 31 280 as and by way of compensation. The appellants heroin i. e. the Commissioner of Jamnagar Municipal Corporation and the Driver of the bus and the Insurance Company (respondent No. 2 herein) resisted the claim of the applicant on various grounds. The Motor Accident Claim Tribunal came to the conclusion that the driver of the bus was negligent on driving the vehicle. On overall appreciation of evident and having regard to the facts and circumstance of the case The Tribunal held that the a










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