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1992 Supreme(Bom) 520

M.L.DUDHAT
Suba Transport Co. & another – Appellant
Versus
Phiroze Sethane Pvt. Ltd – Respondent


JUDGMENT - Dudhat M.L., J.:—The only limited issue to be decided in this appeal is as to whether the damages claimed by the respondents under the Motor Vehicles Act (hereinafter referred to as 'the M.V. Act' for the sake of brevity) can come within the ambit of the words 'damages to the property owned by the owner'.

2. Few facts which are material for deciding this first appeal are as under:

Appellant No. 1 in this case is the owner of the vehicle which met with an accident. Petitioner No. 2 is the insurance company. The respondents are a private limited company carrying on the business in P.V.C. material claiming the damages from the present appellants of Rs. 50,000/- on the ground of failure of electric supply to their industrial unit due to the accident.

3. On 20th March, 1984 at about 4.45 a.m. tempo bearing No. MMS-2708 owned by appellant No. 1 dashed against an electric pole due to which the electric pole broke down, which ultimately resulted in failure of electric supply. Since there was total failure of electric supply to the respondents' industrial unit, the respondents installed new cable worth Rs. 10,500/ - by incurring expenses of Rs. 3,100/- for installation. It is the c






























































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