GAURABAI Vs. JAGSIH PRASAD

JUDGEMENT

(1.) The original plaintiffs in Special Civil Suit No. 51/72 having failed before the trial Court who dismissed their suit, have preferred this appeal against the judgment passed by Second Joint Civil Judge, Senior Division, Nagpur on 31-71975.

(2.) The appellants filed a suit in formapauperis to claim damages from the defendants. The application to sue in forma pauperis was allowed and the proceedings were registered as Special Civil Suit No. 51/72. It was the case of the appellants/plaintiffs that appellant No. 1 Gaurabai is the window of Dhondo Datar, while appeallant No. 2 -Sushila is the daughter of deceased Dhono Datar. It was on 1-3-1970, between 9P.M. and 9.30 P. M. the deceased Dhondo Datar was standing near a Pan Thela in front of Popular Book Depot opposite Patwardhan High School, sitabuldi, Nagpur. At that time, one Ambassador Car bearing No. BYJ-8037 belonging to defendant No. 2-present respondent No. 1, came from the side of Variety Square in full speed. It was going towards Nagpur Mahavidyalaya. It was going being driven by original defendant No. 1 - Balram Swami. The driver of the car was driving the vehicle in a rash and negligent manner, and while overtaking a cycle rickshaw, the driver lost the control and suddenly dashed against Dhondo Datar on the right side of the road. The said Dhondo Datar fell on the spot because of the impact of the car. Hospital, but died within a couple of hours thereafter.

(3.) The people present near the Panshop and the neighbouring house of shri Gadgil attempted to stop the car, but the driver immediately reersed the car towards Variety Talkies and fied away. The eye-witnesses present immediately rushed to the nearby Sitabuldi Police Station and reported the incident. The information was given by one Jayant KUlkarni (P. W. 2) wherein he gave the description of the car, the make of the car, its colour and also stated that the number of the car was "BYJ-8037". He was not sure of the third letter on the car number plate.