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2010 Supreme(Bom) 1463

A.P.LAVANDE
Nalini Ramesh Satarkar – Appellant
Versus
Shivappa Shidappa Halli – Respondent


Advocates appeared:
For the Appellant:V.A. Lawande, Advocate.
For the Respondents: Served, Absent.

JUDGMENT

By this appeal, the appellant takes exception to the judgment and award dated 31st December, 2002 passed by the Motor Accident Claims Tribunal in claim petition No.244/1994 dismissing the claim petition filed by the appellant/ claimant claiming compensation of Rs.2 Lacs on account of injuries sustained by her in an accident.

2. According to the claimant, on 19th July, 1994, at about 6.30 a.m. at Farmagudi, Ponda, the claimant along with her daughter and husband were standing and loading the luggage in a tempo, which was on the extreme left of the road as one proceeds from Ponda to Panaji. Respondent no.1 came from opposite direction on the motorcycle in a fast speed and in a rash and negligent manner, came towards the right side of the road and gave dash to the claimant, as a result of which, the claimant fell on ground and sustained grievous injuries. The vehicle driven by respondent no.1 was insured with respondent no.2. The appellant/ claimant filed claim petition claiming compensation of Rs. 2 Lacs against the respondents.

3. Respondent no.1 contested the claim petition. According to him, he was proceeding along with one Kashinath Ramgaunda from Taleigaon to his nativ



















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