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2019 Supreme(Bom) 1424

M.G.GIRATKAR
Narayansing – Appellant
Versus
Sheikh Ismail – Respondent


Advocates Appeared:
Anil Mardikar, Adv., Ved Deshpande, Adv., D.N. Kukday, Adv., Sandeep Marathe, Adv.

JUDGMENT :

M.G. Giratkar, J.

Both these appeals arise out a common judgment dated 12th January, 2012 passed by learned Member, Motor Accident Claims Tribunal, Akola, in Motor Accident Claim Petition No. 195 of 1991.

2. In First Appeal No. 306 of 2001, this Court by judgment dated 21st June, 2011, set aside the earlier judgment and award and remanded the matter back for a fresh trial.

3. After remanding the matter back by this Court, the petitioner-claimant examined PW - 2-Dr. Surajkumar Kuril and PW 3 - Dr. Chandu Thorat to prove the Disability Certificate.

4. The case of the claimant - Dr. Narayansingh Hazari, in short, is that he is a qualified surgeon having qualification of M.B.B.S., D.L.O [London] and F.R.C.S. He runs a private hospital by name "Hazari Nursing Home" at Aurangabad since 1978.

5. On the day of accident, i.e., in the night between 19th and 20th June, 1991, the claimant was travelling by a private Luxury Bus bearing Registration No. MH-20-A-2295 from Aurangabad to Nagpur. He was sitting on Seat No.7 at conductor side. At about 4.00 a.m., when the Luxury Bus was on National Highway No. 6, 45 kms., away from Amravati, the said bus gave dash to the truck bearing registrati

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