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2022 Supreme(Bom) 335

M. S. SONAK
Damodar Volvoikar, Son of Gajanan Volvoikar – Appellant
Versus
West Coast Marketing, Prop. Shri Sanjay Fondekar – Respondent


Advocate Appeared:
For the Appellant :Mr. Sudesh Usgaonkar and Ms. R. Pereira, Advocates
For the Respondent:Mr. A.R. S. Netravalkar, Advocate

JUDGMENT :

1. Heard learned Counsel for the parties.

2. The aged parents of Gajanan, who was crushed in a road accident on 09.09.2008, appeal against the judgment and award dated 19.05.2012, by which the tribunal has awarded them a meager compensation of only Rs.1,10,000/-.

3. There is ample evidence on record that on 09.09.2008, the deceased Gajanan was riding his motorcycle and he had taken care to wear a helmet. Evidence also bears out that a pickup bearing no.GA-01-W-6766, traveling ahead of the motorcycle, suddenly stopped, thereby forcing the deceased to negotiate and avoid the dash. But despite efforts, he dashed and fell on the road. The minibus bearing no.GA-08-U-2504 coming from the opposite direction crushed him causing his death at the spot. The driver of the minibus tried to flee but was stopped by the public. The evidence on record establishes this by the standard of preponderance of probabilities. The Appellants examined two eyewitnesses who deposed to the accident and the consequent negligence of the drivers of the pic up and the minibus.

4. The appellants have examined Faizal (AW2), who is an eyewitness to the incident. This witness has entirely supported the case of t

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