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2013 Supreme(Bom) 769

U.V.BAKRE
Filomena Andrade – Appellant
Versus
Ganasham Xanu Arlekar – Respondent


Advocates Appeared:
For the Appellant:Sanman Keni, Advocate.
For the Respondent:Shashikant. N. Joshi, Advocate.

Judgment:

Parties were put to notice that the appeal would be disposed of at the admission stage itself.

2. Heard Mr. Keni, learned counsel on behalf of the Appellant and Mr. Joshi, learned counsel on behalf of the Respondent.

3. This appeal arises out of the Judgment and Award dated 31/7/2012 passed by the Motor Accident Claims Tribunal, Panaji in Claim Petition No. 46/2009, filed under Section 166 of the Motor Vehicles Act 1988.

4. Case of the appellant was that on 24/10/2008 at about 9.30 a.m., when she was returning home after attending Mass at Archbishop's House at Altinho and while she was walking on the pavement in front of that building, near All India Radio building (Akashwani Kendra), a dash was given to her by TVS Victor motorcycle bearing registration no. GA-03-A-1375, ridden by the respondent, rashly and negligently, due to which she sustained grievous injuries, resulting into permanent disablement. She had filed the claim petition claiming total compensation of Rs.1,00,000/-.

5. Before the Claims Tribunal, the appellant examined herself as AW.1, Dr. Shivanand Bandekar as AW.2, Head Constable, Shri N. Thakur as AW.3, P.S.I., Shri Tushar Lotlikar as AW.4 and another
















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