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2013 Supreme(Bom) 1180

A.P.BHANGALE
Bebibai w/o. Vinayakrao Lakhakwar – Appellant
Versus
Sujit s/o. Laxmanrao Khadokar – Respondent


Advocate Appeared
For the Appellants:N.R. Saboo, Advocate.
For the Respondents:R1 & R3, M.B. Thakare, R2, B.B. Raipure, Advocates.

JUDGMENT

1. The appellant/original claimant has preferred this appeal against the judgment and Award in M.A.C.P. No.49 of 2003 passed by the learned Chairman, Motor Accident Claims Tribunal, Wardha whereby compensation in the sum of Rs.74,500/- inclusive of no fault liability along with interest @ 7½ % p.a. from the date of petition till realisation of the amount was granted by Award dt.2.1.2006. The claimants (appellants), by this appeal, have prayed for enhancement of the compensation to the tune of Rs.5,00,000/-with interest @ 12 % p.a. from the date of accident.

2. The facts, stated briefly, are as under:

On or about 1st January, 2003, deceased Prakash Vinayakrao Lakhakwar was proceedings towards Ashoka Hotel at Jam on foot. While he was crossing the road, the offending motor vehicle Metador bearing Registration No.MH-34 M-164 came from the Jam square while it was proceeding towards the direction of Chandrapur. It dashed the deceased while it was driven in excessive speed and rashly and negligently by Rajabhau Laxmanrao Khadokar. In the result, Prakash (deceased) s/o. claimant Smt. Bebibai sustained grievous injuries in the fatal accident and died on the spot. The claimants a






















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