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2004 Supreme(Bom) 1398

D.G.KARNIK
MANGALA w/o SANJAY SALUNKE – Appellant
Versus
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION – Respondent


Judgment

( 1 ) HEARD the learned Counsel for the parties.

( 2 ) THIS appeal is directed against the Judgment and Order dated 17-8-2002 passed by the Motor Accident Claims Tribunal, Latur (for short, "the Tribunal"), dismissing the Motor Accident Claim Petition No. 115/1991, filed by the appellants.

( 3 ) THE facts relating to the claim are stated below. The appellant No. 1 is the widow and the appellants numbers 2 to 4 are the children of deceased Sanjay Salunke, who succumbed to injuries arising out of a motor accident, which took place on 16-4-1991. The appellant numbers 5 and 6 are the parents of the deceased. On 16-4-1991, deceased Sanjay was travelling on a two wheeler "spark" on Ausa-Tuljapur road near Manohar Tanda between 9. 30 pm to 10. 00 pm. The deceased along with his three friends, namely, navnath, Venkat and Ram Khanderao had gone to Tuljapur on two "spark" two wheelers. All of them started their return journey at about 5 p. m. As the air pressure in rear tyre of one of the two Sparks was less, three friends travelled on one Spark and deceased Sanjay travelled on another Spark. Deceased Sanjay was ahead and his three friends followed him. Accident took place between 9.







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