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1970 Supreme(MP) 72

P.K TARE, S.B.SEN
RANI HEMANT KUMARIJI – Appellant
Versus
NEW INDIA ASSURANCE CO LTD – Respondent


Advocates Appeared:
A.K.Chitale, BALWANTSINGH,

JUDGMENT :

( 1. ) ON 27-2-64 there was a collision between a goods truck No. MPE-9304 and a station wagon belonging to His Highness Raja Saheb Digvijaysinghji of Sailana, bearing a red plate No. 8. The occupants of the station wagon were Rani Hemantkumariji, her daughter princess Jaishree kumariji, sister in law, nephew and nieces and was being driven by driver girdhari, an employee of the State of Sailana, The truck was driven by driver Shyamlal and belonged to one Sardar Guljarisingh. The exact place where the collision took place is the crossing on the Mahatma Gandhi Road just by the side of Indra Bhawan, a residential house belonging to Sir hukumchand. At the spot, a lane coming from,the south goes towards new palasia to the north. It is also a common ground that the Mahatma Gandhi road is a very wide road and is a main road (whether it was actually notified as such is in dispute) whereas the road coming from the southern side and going towards the north is a side road, looking to the size of the two roads. The breadth of the Mahatma Gandhi Road is more than three times the width of the road coming from the south. For the sake of brevity we will call it the kanchan Bagh Road, an



























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