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2003 Supreme(Bom) 1186

B.B.VAGYANI, D.S.ZOTING, NARESH H.PATIL
Divisional Controller, M. S. R. T. C. , Jalgaon – Appellant
Versus
Bapu Onkar Chaudhari – Respondent


JUDGMENT - VAGYANI B.B., J.:---Heard.

2. A passenger bus bearing No. MH-20/D-1831 belonging to the Maharashtra State Road Transport Corporation, Jalgaon met with an accident on 22-11-1997 near village Kekat Nimbhora. One Bapu Onkar Chaudhari, a passenger in the said bus, sustained several injuries resulting into permanent physical disability. He filed an application under section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) against the Maharashtra State Road Transport Corporation, Jalgaon. The Motor Accident Claims Tribunal, Jalgaon allowed the application by order dated 2-3-2002 and directed the Maharashtra State Road Transport Corporation, Jalgaon to pay Rs. 25,000/- to the injured, within one month.

3. Feeling aggrieved by the Award passed by the Motor Accident Claims Tribunal, Jalgaon, the Maharashtra State Road Transport Corporation filed First Appeal No. 815 of 2002 under section 173 of the Act. When the said first appeal came up for admission before Single Judge, the Single Judge expressed doubt about maintainability of the appeal. Therefore, by order dated 28-8-2002, a reference was recommended to the larger Bench on the point of maintainability o

































































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