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2020 Supreme(Bom) 1101

ANIL SATYAVIJAY KILOR
Rambhau – Appellant
Versus
Shivlal – Respondent


Advocates Appeared:
For the Appellant :P.R. Agrawal, Advocate
For the Respondent:K.B. Zinjarde and S.K. Pardhy, Advocates

JUDGMENT :

Anil Satyavijay Kilor, J.

1. The rejection of a claim petition preferred by the appellants/claimants, under Section 166 of the Motor Vehicle Act, on a death of wife of the appellant no. 1 and mother of appellant nos. 2 and 3, in an accident, by the Motor Accident Claims Tribunal, Achalpur, vide judgment and order dated 3rd February, 2007 in Motor Accident Claim Petition No. 12 of 2005, has been questioned in the present appeal.

2. The facts giving rise to the present petition are as follows:

On 31st March, 2005, the deceased Baby was traveling in a jeep bearing no. MP 04 G 439 owned by the respondent no. 1. The driver of the said vehicle was driving the vehicle in a high speed and in a negligent manner which resulted into a violent dash to a tree. The deceased Baby received severe injuries and succumbed to the same.

3. The husband of the deceased Baby and her two sons filed a claim petition under Section 166 of the Motor Vehicle Act and thereby claimed Rs. 5,00,000/- towards compensation.

4. The owner of the jeep did not appear and file a written statement before the Tri

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