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1990 Supreme(Guj) 212

SHARAD D.DAVE, S.M.SONI
SHANTABEN AMBALAL SURARIA – Appellant
Versus
VALJIBHAI HARJIBHAI PATEL – Respondent


Advocates Appeared: G.N.DESAI, P.G.DESAI, S.N.SOPARKAR

S. D. DAVE, J.

( 1 ) A man aged about 54 years, healthy in every respect, was returning to his house on his scooter. He was knocked down by a speeding s. T. vehicle causing multiple fractures on his person. He was admitted in the hospital and the traction was advised. He was removed out of the hospital with a view to continue the traction at his residence. He had certain complaints during the intervening period. He dies on the 6th or 7th day of the accident and the probable cause of death, certified by the medical expert is "fat Embolism", which is a common complication in case of multiple fractures when long bones are involved. In the award rendered by the M. A. C. Tribunal, Ahmedabad City, it is said that there was no nexus or connection between the death of the deceased and the accidental injuries. The question therefore in the present appeal is as to whether the claimants would be entitled to the compensation on the head of loss to the estate on the basis that there is a nexus or connection between the accidental injuries and the death.

( 2 ) THE present appeal which calls for the determination of the above said question arises under the following facts and circumstances.

( 3 )




































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