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2019 Supreme(Bom) 1442

ANUJA PRABHUDESSAI
Mumbai Municipal Corporation – Appellant
Versus
Padmakar Rampriy Shukla – Respondent


Advocates Appeared:
Arsh Mishra, Adv., T.J. Mendon, Adv.

JUDGMENT :

Anuja Prabhudessai, J.

By consent of the parties, delay is condoned. Appeal is heard finally at the stage of admission.

2. This is an appeal under Section 173 of the Motor Vehicles Act challenging the judgment and award dated 17.7.2015 in Claims Application No. 345 of 2008, passed by the Claims Tribunal, Mumbai. By the impugned judgment and award, the Claims Tribunal has awarded compensation of Rs.11,88,000/- with interest @ 7.5% per anum from the date of application till final realization.

3. The respondent nos.1 and 2 are the parents of the deceased Brahmanand Padmakar Shukla, who had expired in a motor vehicular accident at Mahul Pada Road on 16/4/2006. The respondent nos.1 and 2 shall be hereinafter referred to as the claimants. It was the case of the complainant that on 16.4.2014, at about 2.45 p.m. while Brahmanand Shukla was proceeding towards Mahul Village, on his motor-cycle one BEST bus bearing number MH-01-H-8990 came at a high speed and dashed against his motorcycle. Said Brahmanand expired as a result of the injuries sustained in the said accident.

4. The claimants stated that the accident was caused solely due to rash and negligent driving by the driver of the B

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