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1987 Supreme(Bom) 59

V.S.KOTWAL, P.B.SAWANT
Muncipal Corporation of Greater Bombay (B. E. S. T. Undertaking) – Appellant
Versus
Kisan Gangaram Hire & others – Respondent


JUDGMENT - SAWANT P.B., J.:-These are two appeals under the Motor Vehicles Act 1939 (hereinafter referred to as "the Act"). They are being heard together because they involve a common question of law which will be disposed of first. The other question which is exclusive to F.A. No. 785 of 1986 will be answered thereafter. The common question of law is whether the Claims Tribunal appointed under section 110 of the Act has jurisdiction to award compensation in excess of that claimed in the application for compensation. In order to appreciate the point, it is necessary to refer to the relevant facts in both the cases.

2. In First Appeal No. 718 of 1986, the accident in question occurred at 11 p.m. on 12-1-1980 at Kannamwar Nagar No. 1 which involved a B.E.S.T. bus bearing No. MBL 5572 belonging to the opposite party, the Muncipal Corporation of Greater Bombay. The victim was one Shantaram Kisan Hire, a 36 years old man who was an instructor in a driving school and was at the relevant time earning a salary of Rs. 800/- per month. According to the applicant who are the parents, the widow and minor children of the deceased, at the relevant time the B.E.S.T. bus was being driven at hi




























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