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2015 Supreme(Bom) 2138

K.L.WADANE
Nagma Shamu Dhotre – Appellant
Versus
Chandrakant Sakharam Talgaonkar – Respondent


Advocates:
Advocate Appeared:
For the Appellants :S.S. Kakodkar, Advocate

JUDGMENT :

K.L. Wadane, J.

1. The present appeal is preferred by the appellants against the judgment and award dated 30.9.2011 passed by the Motor Accident Claims Tribunal, South Goa, Margao ("Presiding Officer" for short) in Claim Petition no.130/1994 whereby claim petition under Section 166 of Motor Vehicles Act filed by the appellants is dismissed.

2. Parties shall hereinafter referred to as per their original status in the claim petition.

3. The brief facts of the case may be stated as follows:-

Claimants have filed the petition under Section 166 of the Motor Vehicles Act.

On 14.9.1993 at about 8.30pm, the deceased Shamu Gangaram Dhotre (i.e. husband of claimant no.1 and father of claimants no. 2 to 6) was proceeding to his residential house situated at Fondkulem, Sanvordem, Goa. When he reached near the primary school at Sanvordem, a truck bearing registration No. GA-02-T-6639 driven by the respondent no.2 in a rash and negligent manner, gave a violent dash to the deceased Shamu Gangaram Dhotre. Due to the dash, the deceased was crushed under the truck and died on the spot. After the accident the respondent no.2, the driver of the offending vehicle ran away from the spot without pro































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