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1988 Supreme(Bom) 85

B.N.DESHMUKH
Sulochana w/o Madhukar Joshi – Appellant
Versus
Gurubachansingh s/o Saransingh – Respondent


JUDGMENT - B.N. DESHMUKH, J.:---This first appeal is filed by the claimant who has filed an application for claiming compensation under section 92-A of the Motor Vehicles Act on the ground that her husband Madhukar met with the accident which resulted in his death in Gevrai town on10-1-1984 at about 7.30 p.m. According to her, the accident was caused because of the dash given by the Driver of Vehicle M.W.A. 5389 which is a Tanker. She maintained that Driver of Tanker was driving the Tanker in a very high speed and was also driving negligently and rashly.

2. The learned trial Judge of the Motor Accident Claims Tribunal dismissed the petition of the claimant on the ground that the said accident to deceased Madhukar is not caused by the Tanker bearing No. 5389.

3. The award passed refusing the claim of the claimant is challenged in this appeal. In this appeal, one Civil Application No. 88 of 1987 was filed on behalf of the appellant -claimant for adding Oriental Fire General Insurance Company Ltd., as respondent No. 2 to this appeal. This application is rejected by me by a separate order.

4. The learned Counsel for the appellant contended that the finding recorded by the
































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