Shakuntala Shridhar Shetty vs The State Of Maharashtra on 28 January, 1974
Shakuntala Shridhar Shetty v. The State of Maharashtra, 78 Bom.L.R. 106, to submit that looking to the location of the accident, Shaikhali, the driver of the lorry, was under an obligation to anticipate that a vehicle like the tempo would enter at the Junction of the two roads and that he had the last chance of avoiding the accident because in his evidence Shaikhali has admitted that he had seen the tempo from a near distance and as such Shaikhali should have been in a position to avoid the accident. As the accident had occured, the learned Counsel submits, the only inevitable inference is that it was due to the negligence of the lorry driver.