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2012 Supreme(Bom) 127

A.V.POTDAR
Ashabai W/o. Jagatrao Salunke – Appellant
Versus
Najiraoddin Bashiroddin Shaikh – Respondent


Advocates Appeared:
For the Appellants: V.P. Patil, Learned Counsel.
For the Respondents: R3, A.S. Usmanpurkar, Learned Counsel.

Judgment

Appellants have filed this appeal questioning the order passed below Exh.6 by the learned M.A.C.T. Jalgaon in M.A.C.P.No.556/2009, dated 24/12/2010.

2. Admit.

3. Heard finally by consent of the learned counsels for the parties. Also perused the order impugned and the record produced alongwith this appeal.

4. Record shows that husband of appellant no.1 and father of appellants no.2 and 3 Jagatrao met with an accident on 21/10/2009 and succumbed to injuries on the spot. The accident was reported in Dharangaon Police Station, Dist. Jalgaon and accordingly CR No.180/2009 was registered initially against the unknown vehicle and later on during the investigation, the name of the driver, owner of the vehicle were revealed.

Accordingly subsequent statements were also recorded. It appears that the driver of the vehicle, i.e. respondent no.1 was absconding for 20 days after the accident and then surrendered before police. Due to the accident, claimants have filed M.A.C.P. 55/2009 u/s. 166 of The Motor Vehicle Act, praying for compensation in the sum of Rs.10,00,000/-in which an application for interim relief was moved at Exh.6 u/s. 140 of The Motor Vehicle Act. After service of noti












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