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1970 Supreme(Raj) 151

LODHA
United Motors of Rajasthan – Appellant
Versus
Mathuralal – Respondent


Advocates Appeared:
S.K. Jindal for Appellant; P.N. Dutta, Respondent No.1; U.C. and N.K. Jain, for Respondent No. 2

LODHA ,J.—The, facts giving rise to this second appeal by the defendant No. 1 M/s United Motors of Rajasthan may be stated as follows:

On 29-4-1954 at about 10.30 A. M defendant No. 3 Hargovind was driving motor bus No.RJL 306 on Sawai Mansingh Hospital Road in the city of Jaipur and the plaintiff was coming on a bicycle from the opposite direction. It is alleged that the right mudguard of the bus came in contact with the left knee of the plaintiff as a result of which the patela of the plaintiff was broken to pieces and certain other in juries were also received by him on his head and other parts of the body. Consequently, the plaintiff filed the present suit on 27th April, 1955 in the Court of Civil Judge, Jaipur claiming damages to the tune of Rs. 3400/- against defendant No. 1 M/s United Motors of Rajasthan, defendant No 2 M/s Shanker Bus Service, Jaipur and defendant No. 3 Hargovind driver. The plaintiffs case was that the bus by which the accident was caused was registered in the name of the defendant No. 1 who was consequently liable for payment of the damages on account of rash and negligent driving by their servant Hargovind. Alternatively the decree was claimed on the gro































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