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2021 Supreme(Bom) 1285

M.S.SONAK
Azam Anwar – Appellant
Versus
Harrihar Gunaji Shetgaonkar – Respondent


Advocates appeared:
Tarshish Pereira, Advocate, Ajit R. Kantak, Advocate, Raunak Kantak, Advocate, P. Shirodkar, Advocate

JUDGMENT

M. S. Sonak, J. - Heard Mr. Pereira, learned counsel for the Appellant, Mr. Raunak Kantak along with Mr. A. R. Kantak, learned counsel for Respondent Nos.1 and 2, and Mr. P. Shirodkar learned counsel for Respondent No.3.

2. This appeal is directed against the judgment and award dated 29. 09.2015 made by the Motor Accident Claims Tribunal, Panaji (Tribunal) dismissing the claim of the Appellant claimant on the ground that the Appellant had failed to prove that the accident in which he suffered injuries was caused on account of rash and negligent driving of the bus by the driver of the Kadamba State Transport Corporation Respondent No.2.

3. Mr. Pereira learned counsel for the Appellant submits that the sketch attached to the panchanama on which the Tribunal has placed reliance does not depict the correct position of what may have transpired at the site. He submits that the sketch seems to suggest that the appellant's motorcycle dashed the bus at the spot just beyond the front wheel. He submits that this is quite inconceivable and impossible. He submits that the evidence on record does suggest rashness and negligence on the part of the driver of the bus. He submits that in any c

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