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2020 Supreme(Bom) 1056

M.S.JAWALKAR
Kadamba Transport Corporation Ltd. – Appellant
Versus
Anacleta Henriquina Ilda Fernandes – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.R. Kantak, Advocate.
For the Respondent:V.G.P. Dukle, Advocate.

JUDGMENT :

1. Heard Mr. A. R. Kantak, learned Advocate for the Appellants and Mr. V. G. P. Dukle, learned Advocate for the Respondents.

2. The present appeal is filed by original respondent no.2 i.e. M/s. Kadamba Transport Corporation Limited, (KTC), being aggrieved by the judgment and award dated 28th April, 2014 passed by the Motor Accident Claims Tribunal, Margao, in Claim Petition No. 103 of 2012.

3. The case of the claimants before the Claims Tribunal was as under:

    That on 13.04.2012, at about 9.00 a.m., the deceased was proceeding to Margao from Bali for marketing and when he reached near Cuncolim Police Station, the bus bearing no. GA-01-X-049 driven by respondent no. 1, came in rash and negligent manner and dashed the scooter of the deceased bearing no. GDH 3834 from behind and the deceased was dragged along with the bus causing bodily injuries. He was shifted to GMC, Bambolim, where he expired on the same day. The claimant is the wife of the deceased, has claimed compensation of Rs.12,65,000/- on account of the death of her husband. The claimant claimed that the responde

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