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2016 Supreme(Bom) 1798

A.S.OKA, R.D.DHANUKA
Anil Prabhakar Tadkalkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Avinash Mukund Gokhale.
For the Respondents: Mr. Manish Pabale and Mr. S.R. Nargolkar.

JUDGMENT :

A.S. OKA, J.

FACTUAL CONTROVERSY

1. By this Public Interest Litigation, the petitioner has raised several issues concerning the disposal of claim petitions under of the Motor Vehicles Act, 1988 (for short “M.V. Act”) by the Motor Accidents Tribunals in the State.

2. The petitioner is a practicing Advocate. It is his case that he is practicing as an Advocate since 31st January 1986. It is pointed out in the petition that the members of the Motor Accident Claims Tribunals in the State established under the M.V. Act (for short “the Tribunal” or the Tribunals”) insist on personal appearance of the claimants at the time of filing of the claim petitions under Sections 140, 163-A and 166 of the M.V. Act. It is pointed out that the Tribunal at Pune insists upon the production of form Comp. AA to be furnished by the claimants/applicants before the notices are issued on the claim petitions. The attention of the Court is invited to Rule 254 of the Maharashtra Motor Vehicles Rules. Attention is also invited to the provisions of Sub-Rule 8 of Rule 254. Attention of the Court is also invited to various difficulties faced in procuring medical certificates certifying the percentage of disab

























































































































































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