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2022 Supreme(Bom) 317

N. J. JAMADAR
Hareshwar Harischandra Mistry – Appellant
Versus
Pravin B. Nayak – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. N.V. Gangal, Mr. Ashok D. Kadam.
For the Respondent: Ms. Varsha Chavan.

JUDGMENT :

N.J. JAMADAR, J.

1. The appellant-original claimant assails the Judgment and Award in MACP No. 972 of 2001, dated 25th October, 2010 passed by learned Member, Motor Accident Claims Tribunal, Palghar (Tribunal), on the ground of inadequacy of the compensation awarded by the Tribunal.

2. The appeal arises in the backdrop of the following facts:

    (a) In the year-1996, the applicant claimed that, he was 39 years of age and dealing in the business of fabrication and civil contractor. He used to earn Rs. 10,000/- per month. On 17th December, 1996, he was riding a motor cycle bearing No. MH-04-W-2278 in a moderate speed and on the correct side of road, on his way to Mumbai. When he reached near Thermal Power Station, Dahanu road, opposite new guest house, a Tata Sumo bearing No. MH-04-Q-5328 owned by the opponent No. 1 and insured with opponent No. 2 came from the opposite direction in a high speed. The driver of the said jeep drove it in an extremely negligent manner and gave a violent dash to the applicant's motor cycle. Due to the impact, the applicant and Mr. Dilip Amin, the

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