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1961 Supreme(Raj) 255

BHANDARI
Roormal – Appellant
Versus
Jankilal – Respondent


Advocates Appeared:
R.K. Rastogi and J.S. Rastogi, for Roormal; Durgalal Bardar and S.L. Mardia, for Jankilal; V.P. Tyagi and S.M. Mehta, for Unique Motor and General Insurance Co. Ltd.

BHANDARI, J.—These two Civil First Appeals arise out of a suit for recovery of damages filed by Jankilal plaintiff in forma pauperis against Roodmal, Kishore Singh, Rajas-than Agricultural Insurance Co Ltd. and the Unique Motor and General Insurance Co. Ltd., Jaipur, Defendants Nos. 1 to 4 respectively, in the court of the District Judge, Jaipur City.

2. The case set out by the plaintiff is that he was a Head Constable in the Rajasthan Police Service in the year 1951. On the 1st of December 1951, he was travelling in Bus No. RJL-288, hereinafter called, for the sake of brevity, Bus No. 288, and was proceeding from Jaipur City to Manoharpur. The owner of this bus is Roodmal defendant No. 1 and this bus is insured with the Rajasthan Agricultural Insurance Co. Ltd., Defendant No. 3. The insurance policy covered the liability to third party in the event of accident caused or arising out of the use of vehicle in a public place. There was a collision of the bus in which the plaintiff was travelling with Bus No.RJL.546, hereinafter called Bus No.546, coming from the opposite direction at a little distance from Mile Stone No. 27/5. Bus No.546 is owned by Kishore Singh Defendant No. 2 and wa






























































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