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2013 Supreme(Bom) 564

A.S.OKA, A.P.BHANGALE
Shaikh Farooq Mohammad Gaouse – Appellant
Versus
Transport Manager, Thane Municipal Transport Undertaking – Respondent


Advocates appeared:
For the Appellant:R.S. Chahal a/w Rina Kundu Advocates.
For the Respondent:Mandar Y. Limaye, Advocate.

Judgment

A.P. Bhangale, J.

1. The appeal was admitted by this Court on 24-02-2009 and as private paper book was submitted, the printing was dispensed with due to urgency to decide the appeal in motor accident claim. Hence, taken up for final hearing by consent of parties.

2. Heard learned counsel for the parties and perused the record.

3. The appellant is aggrieved by the judgment and award dated 16.08.2008 passed by the Member, Motor Accident Claims Tribunal, Thane whereby respondents were held jointly and severally liable to pay sum of Rs.10,61,000/- only as compensation inclusive of no fault liability (under Section 140 of the Motor Vehicles Act) with interest at the rate of 7.50% per annum from the date of petition till realization of payment.

4. Facts mentioned briefly are, The appellant a young businessman running ‘Alfa Electronics’ at Mira Road, Thane with two employees for repairs of Mobile phones with acquired good will in the Market and business earnings of Rs.15000/- per Month. He used to spend most of the business income for family members dependent on him and had also bought a Motor cycle for his business. On 02-05-2006 while the appellant-Claimant was travelling from





















































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