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2020 Supreme(Bom) 723

R. D. DHANUKA
Randhir Rambrij Sharma – Appellant
Versus
Maharashtra State Road Transport Corporation, Vahatuk Bhavan, Bellasis Road – Respondent


Advocates Appeared:
A.M. Gokhale, Advocate, Siddharth Idnani, Advocate, G.S. Hegde, Advocate, C.M. Lokeshappa, Advocate

JUDGMENT

R.D. Dhanuka, J. - By this appeal filed under Section 173 of the Motor Vehicles Act, 1988, the appellant (original claimant) has impugned the judgment and award dated 26th July, 2005 passed by the Motor Accident Claim Tribunal, Mumbai (hereinafter referred to as "M.A.C.T., Mumbai") in Application No. 1789 of 2000 partly rejecting the claims made by the appellant and only directing the respondent to pay a sum of Rs.4,12,042/- inclusive of 'No Fault Liability' of Rs.25,000/- with interest @ 7.5% p.a. from the date of filing of petition till its realization as against the claim of Rs.10,00,000/- with interest made by the appellant. Some of the relevant facts for the purpose of deciding this First Appeal are as under :-

2. It was the case of the appellant that on 25th April, 2000 at about 9:00 a.m., the appellant after completing his work in his garage was going for some work on his Motor Scooter bearing registration No. MH-04-A-3715. When the appellant reached at Kasheli bridge, the offending vehicle i.e. S.T. Bus bearing registration No.MH-20-D-1460 came in fast speed from behind and gave dash to the scooter being driven by the appellant. The appellant fell down and front whe

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