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2022 Supreme(Bom) 277

M. S. SONAK
Kadamba Transport Corporation Ltd. – Appellant
Versus
Akshata Santosh Sawant Wd/o Late Santosh Sawant – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajit Kantak.
For the Respondent: Mr. V.G. Kurtikar.

JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Ajit Kantak for the appellant and Mr. Vaman Kurtikar for respondents no. 1, 2 and 3 (Claimants).

2. The challenge in this appeal is to the Judgment and Award dated 24.03.2015 in Claim Petition No. 105/2011 made by the Motor Accident Claims Tribunal, Panaji (Tribunal) awarding the claimants compensation of Rs. 27,00,000/- with interest @ 9% p.a. on account of the demise of Santosh Sawant upon whom the claimants were dependent in a vehicular accident on 05.08.2011 at Sao Pedro, Old Goa.

3. Mr. Kantak, learned counsel for the Kadamba Transport Corporation (KTC), submitted that there is no evidence to establish any rashness and negligence on the part of the driver of the KTC bus. He submitted that there is variance between the pleadings and proof and the claimants failed to establish that the accident took place as pleaded by them. He submits that the sketch annexed to the panchanama, if evaluated in a proper perspective, makes it evident that the accident took place on account of rashness and negligence on the part of late Santosh Sawant, and further there was no rashness and negligence on the part of the KTC bus driver. He made several submissions i

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