ABDULKADAR EBRAHIM SURA Vs. KASHINATH MORESHWAR CHANDANI

JUDGEMENT

(1.) THESE two appeals arise out of proceedings under the Fatal Accidents Act and are filed on behalf of the claimants. The accident which gave rise to this occurred on November, 18, 1959 between 4. 50 and 5. 00 P. M. opposite Sacred Heart Boy's High School, Andheri, on the Ghodbunder Road. At this time, defendant No. 2 Lakir Ali was driving a truck belonging to defendant No. 1. Even though the traffic was stopped defendant No. 2 drove the truck and while overtaking a bus from the left without any warning knocked down two ladies, as a result of which they died. The names of the deceased are Hayatibai and Rukhanbai. Appeal No. 160 of 1962 arises out of proceedings commenced by Hayatibai's husband Abdulkadar Ebrahim Sura and her mother Amanbai Mulla Esmailji Gleetwalla. Appeal No. 161 of 1962 arises out of proceedings commenced by the husband Abdulabhai and children of Rukyabai.

(2.) IN the first case, the applicants claimed a sum of Rs. 5, 860 in respect of medical expenses, funeral and obsequial expenses and other expenses. They also claimed Rs. 35,000 for the loss of expectation of life, loss to them and loss to the estate, alleging that the lady died due to the negligent act of defendant No. 2.

(3.) IN the other case, the claimants claimed a sum of Rs. 4, 417. 50 p. on the first count and Rs. 35,000 on the other head, alleging negligence to defendant No. 2.