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1991 Supreme(Guj) 259

A.N.DIVECHA
GUJARAT STATE ROAD TRANSPORT CORPORATION LIMITED – Appellant
Versus
BALUSINH NATHUSINH PARMAR – Respondent


Advocates Appeared: M.D.PANDYA, P.V.Nanavati

A. N. DIVECHA, J.

( 1 ) BY means of this First Appeal the owner of the offending vehicle has questioned the correctness of the judgment and order passed by the motor Accident Claims Tribunal of Sabarkantha at Himatnagar on 13/05/1982 in M. A. C. Petition No. 360 of 1981.

( 2 ) THE facts giving to the present Appeal may be summarised thus : respondent No. 1 herein in the company of his cousin had been to village bavasar on 19/03/1981. They wanted to go to village Nana Chakla therefrom. They thereupon boarded one S. T. Bus plying between Himatnagar and Punsari. It bore R. T. O. Registration No. GTH 5319. Respondent No. 2 herein was at the steering at the relevant time. In the course of its journey at about 7-30 p. m. in the sim of village Modhuka, Taluka Prantij it met with an accident with one bullock cart coming from the opposite direction. The bullock cart carried in it some corrugated iron sheets. Respondent No. 1 herein was occupying the right side window seat at the relevant time. As a result of the accident, the corrugated sheets in the bullock cart came on his right hand crushing his ring finger and last finger and also causing injuries in his palm. The driver of the S. T. Bus










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