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2021 Supreme(Bom) 565

ANUJA PRABHUDESSAI
Kiran – Appellant
Versus
Arihant Transport Agencies – Respondent


Advocates appeared:
Vivek Awchat, Advocate, A.V. Joshi, Advocate, S.D. Zoting, Advocate

JUDGMENT

Anuja Prabhudessai, J. - This appeal is directed against the judgment and award dated 3 rd April, 2018 in MACP No. 44 of 2010. By the impugned judgment and award the Claims Tribunal, partly allowed the Application under Section 166 of the Motor Vehicles Act, filed by the aforesaid Appellants and awarded compensation of Rs.11,91,082/- with interest @ 6% per annum from the date of filing of the claim petition till actual payment.

2. The Appellant Nos. 1 , 2 and 3, were the Claimants in Claim Petition No. 44 of 2010, shall be hereinafter referred to as the "Claimants". The Claimant No.1 is the widow, Claimant Nos.2 and 3 are the children and Respondent Nos.4 and 5 are the parents of the deceased Ravindra Bhande, who expired in a motor vehicular accident.

3. It is the case of the Claimants that on 18th February, 2010, while Ravindra Bhande was proceeding from Karangi to Dharne, his motorcycle collided with a truck bearing No.MH-34-A-5923, which was parked on the road near Guru Nanak Dhaba, Pulpod, without parking or hazard lights. The Claimants asserted that the accident was cause







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