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2017 Supreme(Bom) 1000

SHALINI PHANSALKAR JOSHI
Basirabi wd/o Ajmal Khan – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants : Shri C.A. Joshi, counsel.
For the Respondents: Shri M.R. Kalar, counsel.

JUDGMENT :

This appeal is preferred by the claimants, being not satisfied with the amount of compensation awarded by Member, Motor Accident Claims Tribunal, Akot, in Claim Petition No. 65/2005 by its impugned judgment and order dated 09/12/2005.

2. Brief facts of the appeal can be stated as follows :

Appellant no.1 is the widow, appellant nos.2 and 3 are the minor children, whereas appellant no.4 is the mother of the deceased Ajmal Khan. Respondent no.3 is the father of the deceased. As per the case of the appellants, deceased was having his own Truck bearing no. MHV-7907, which was used for transporting goods from Akot to nearby villages and from that business he was earning income of Rs.500/- to Rs.600/- per day. Moreover, the deceased was also driving the Truck bearing no. MH-30-A-9237, which was owned by his father, respondent no.3 herein.

3. On the date of accident, on 27/07/2003, while the deceased was driving the Truck bearing no. MH-30-A-9237, belonging to his father, respondent no.3, on Mumbai – Agra Highway and proceeding towards Akola along with his father, respondent no































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