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2005 Supreme(Bom) 213

D.G.DESHPANDE
Satpalsingh Dharamsingh Chowdhary – Appellant
Versus
Ashok G. Raut – Respondent


Judgment

Deshpande, J.

( 1 ) BOTH these appeals have been filed by the original claimants. They arise out of a common judgment delivered in M. A. C. T. , Alibag, in Accident claim Case Nos. 329 and 382 of 1986. Accident Claim Case No. 329 of 1986 was filed by Satpalsingh Dharamsingh Chowdhary and another, who are appellants in first Appeal No. 615 of 1998 and Accident claim Case No. 382 of 1986 was filed by ramswarup Ramkaran Tak alias Singh and another, who are appellants in First appeal No. 159 of 2000.

( 2 ) THE accident which gave rise to these two accident claim cases before the Motor accidents Claims Tribunal at Alibag, arise in the following manner: accident took place on 24. 8. 1986 at 17. 20 hours on Bombay-Goa Road, near village Chichwad, and the vehicles involved there are MMF 7299 and MEH 4641. At that time Vijendra Choudhary and narendra Singh were travelling in Maruti car No. 7299 from Karnala to Bombay through Bombay-Goa Road. When this car reached village Chichwad and was negotiating ascending curve in a slow speed, a lorry bearing No. MEH 4641 came from the opposite direction in a very rash and negligent manner, in excessive and uncontrollable speed and dashed again































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