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2022 Supreme(Bom) 1283

ANUJA PRABHUDESSAI
Snehalata – Appellant
Versus
Premchand Abhyakumar Mishrikotkar – Respondent


Advocates appeared:
G.E.Moharir, Advocate, M.B.Joshi, Advocate, A.Paunikar, Advocate

JUDGMENT

1. The Appellants (hereinafter referred to as "the Claimants") have assailed the judgment and award dtd. 03/03/2007 passed by the Claims Tribunal in Claim Petition No. 458/1993 under Sec. 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act of 1988"). By the impugned judgment and award, the Claims Tribunal has partly allowed the claim petition and awarded compensation of Rs.4,88,660.00 with interest @ 6% per annum from the date of the application till final realization.

2. The brief facts necessary to decide this Appeal are as under:-

    The Claimant No. 1 is the widow and Claimant Nos. 2, 3 and 4 are the children of the deceased Arunkumar Pandya who expired in a road accident on 26/03/1993. It is the case of the Claimants that on 26/03/1993, while the deceased Arunkumar Pandya was proceeding to Ramtek by his vehicle bearing No. MUK-6996, a jeep bearing No. MTE-2004 dashed against his vehicle, resulting in his instant death. It was alleged that the accident was caused solely due to rash and negligent driving by the driver of the offending vehicle bearing No. MTE-2004. The Claimants further claimed that the deceased was 52 years of age and was employed as a

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