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2016 Supreme(Bom) 530

A.S.CHANDURKAR
Farzana – Appellant
Versus
Maharashtra State Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
Shri Asghar Hussain, Advocate for appellants
Shri S.R. Charpe, Advocate for respondent

JUDGMENT :

This appeal has been filed under Section 173 of the Motor vehicles Act, 1988 (for short, the said Act) by the claimants who are aggrieved by the judgment of Motor Accident Claims Tribunal, Nagpur dated 01/03/2003 dismissing the claim petition filed under Section 166 of the said Act. The facts in brief are that one Haroon, son of Gulam Ali was going along with one Raju Goswami as a pillion rider on a scooter. The said vehicle was dashed by a bus belonging to the respondent. Said Haroon lost his life in the accident. The mother and brother of said Haroon filed a claim petition under Section 166 of the said Act. The claim petition was opposed by the respondent by filing its written statement. During pendency of the proceedings, the present appellants filed an application for being impleaded as claimant Nos. 2 and 3 in the proceedings. Said application was allowed. Thereafter by judgment dated 01/03/2003, the Claims Tribunal dismissed the claim petition holding that the appellants could not be treated to be dependent on deceased Haroon. Being aggrieved, the present appeal has been filed by the subsequently impleaded claimants.

2. Shri A. Hussain, the learned counsel for the ap
















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