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1978 Supreme(Guj) 36

P.D.DESAI, M.K.SHAH
Bhaskarbhai Khandubhai Desai – Appellant
Versus
Ramanlal Nathubhai Patel – Respondent


Advocates:
V.M. Chokshi and H.D. Karnik, for Appellant; S. B. Vakil, for Respondents Nos. 1 and 3.

Judgement

P. D. DESAI, J. :- 1-2. x x x x x x x x

3. The claimant-appellant is the injured person and the claim for compensation arose out of an accident which occurred on Oct. 10, 1974 at about 5 or 5-30 P. M. on National Highway No. 8 near the spot where the road from village Chalthan meets the highway. The appellant, aged about 12 or 13 at the material time, was residing at village Kadodra with his maternal uncle. Village Chalthan is at a distance of about 3 furlongs from village Kadodra. There is a High School in village Chalthan and the appellant was studying in the said High School. On the day in question he was returning from the High School and going to his maternal uncle's house at village Kadodra. He was in the company of about 6 or 7 schoolmates. A truck bearing No. GTC 8706 owned by the first respondent and driven by the second respondent came from behind and knocked down the appellant. It appears that at the spot of the accident there was a mile-stone and that the appellant's legs were crushed between the vehicle and the mile-stone against which the truck ultimately dashed. The appellant was take

















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