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2008 Supreme(Bom) 83

A.S.OKA
Bismilla Abidulla Ansari – Appellant
Versus
Kishorkumar N. Shah – Respondent


Advocates appeared
Shri Rajesh Behere for the Appellants.
None for the Respondents.

JUDGMENT

1. The submissions of the learned counsel appearing for the appellants were heard on the last date and the judgment was reserved. The appellants have taken exception to the judgment and award dated 01st October, 1991 passed by the learned Member of the Motor Accident Claims Tribunal, Thane. The appellants are the original claimants in Motor Accident Claim No.128 of 1985. They applied for compensation on account of death of one Mohamad Yakub Bismilla Ansari in an accident. The appellants are the parents of the deceased. It will not be necessary to refer to the details of the accident as finding recorded by the Tribunal on the point of negligence of the driver of the vehicle involved in the accident is not subject matter of challenge. The Tribunal held that the appellants were entitled to compensation. The compensation amount was quantified by the Tribunal at Rs.33,000/- (inclusive of No Fault Liability) together with interest at the rate of 10% per annum from the date of application till realisation. The operative part of the impugned judgment and order reads thus:

". The Opponent No.1 being the owner do pay the Applicants in Motor Accident Claim No.128 of 1985, compensation

















































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