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2013 Supreme(Bom) 2188

A.P.BHANGALE
Darshana Ganesh Kanavaje – Appellant
Versus
Maharashtra State Road Transport Corporation – Respondent


Advocates Appeared:
For the Appellants:Rajesh S. Patil, Advocate.
For the Respondents:G.S. Hegde with C.M. Lokesh, Advocates.

JUDGMENT :

1. Heard submissions at the Bar. The appeal is preferred against the Judgment and Award dated 6th May 2010 passed by Learned Chairman, Motor accident Claim Tribunal, Ratnagiri in MACP No.43 of 2008 whereby the Tribunal was pleased to award compensation in the sum of Rs 8,80,000/- only inclusive of no fault liability. The facts are:-

2. On 09-04-2008, Ganesh Manohar Kanavaje Aged 35 years was proceeding to his home at Lanja by Santro Car registration no. MH-08-C-6832, travelling with his friends. Shri Vijay Chavan was driving the car. S.T Bus bearing registration no. MH-12-CH-8684 came from the opposite direction while driven rashly, and negligently and dashed the said car. Ganesh died on the spot as result of the fatal accident. Tribunal held that accident happened as a result of sole negligence of the Driver of the offending S. T. Bus which had entered from the wrong side and gave dash to the car. Plea of contributory negligence raised on behalf of the MSRTC was found unacceptable and was rejected by the Tribunal.

3. Ganesh was running a Grocery shop at Lanja and was a regular Income Tax payer. His income was gradually increasing as deposed by Ramakant Pathare, Tax consu


















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