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2013 Supreme(Bom) 1276

A.P.BHANGALE
Maharashtra State Road Transport Corporation, through its Divisional Controller – Appellant
Versus
Jyoti wd/o Vijaykumar Bothra – Respondent


Advocate Appeared:
For the Appellant:S.C. Mehadia, Advocate.
For the Respondent:R1, Firdoz Mirza, Anand Deshpande, Advocates.

Judgment :

1. The appeal is against the Judgment and award dated 31-07-2006 passed by the Motor accident Tribunal, Yavatmal in claim Petition No. 488 of 1998 on its file whereby the Tribunal was pleased to grant compensation in the sum of Rs 23,24,000/-inclusive of amount of no fault liability together with interest @ 9% per annum from the date of application.

2. The facts briefly stated by the claimants are:-On 20.6.1998, a mechanical engineer working with the Manganese Ore (India) Limited as Senior Manager (Mechanical) was driving Maruti Van bearing R/No. MP-22-B/7222 from the side of Nagpur towards Wardha. While the Maruti Van was near village Jangalpur Shivar, ST Bus bearing R/No. MH-31-8209 came from opposite side in a high and abnormal speed. The Bus attempted to overtake bullock cart which was in front of the bus. Driver of the bus could not control and gave dash to Maruti Van which Vijaykumar was driving as a result of which front side of Maruti Van was badly damaged and it veered around. Vijaykumar sustained serious injuries and he died at the spot. After giving dash, the Bus went on right side of the road and stopped at about 75-80 feet away from the spot of accident.

3. A










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