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2013 Supreme(Bom) 2444

MRIDULA BHATKAR
New India Assurance Co. Ltd. – Appellant
Versus
Meena Dhanji Chheda – Respondent


Advocate Appeared
For the Appellants:H.G. Misar, Advocate.
For the Respondents:R1, R.P. Chheda, R2, H. Rehman i/by D.H. Associates, Advocates.

JUDGMENT

Admit.

2. Heard finally at the stage of admission, with the consent of the parties.

3. This appeal is directed against award dated 16th November, 2010, passed by the learned Member, Motor Accident Claims Tribunal, Mumbai. The widow of the deceased has filed application under Section 166 of the Motor vehicle Act (for short called, as “M. V. Act”) for compensation. The accident has taken place at about 1.30 p.m. on 5th February, 2005, near Takia Masjid, Dr. B. A. Road, Parel, Mumbai. A truck owned by Respondent No.2 (Original opponent No.1.), bearing MH-04-AG-6626, was carrying some goods. The driver wanted to order some material and therefore, has parked the said truck and went to shop. The driver was accompanied by to loaders employed Respondent No.2. The driver went to the shop along-with one of the loaders. When he was talking with the shopkeeper, he noticed truck was taking reverse in excessive speed and it dashed one passerby namely Dhanaji Chheda, who was injured and succumbed to the injuries. He was 60 years old at the time of accident and he was working as a Cashier and was earning salary of Rs.4,850/- and was also doing some part time job. Widow of Dhanji Chheda file















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