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2022 Supreme(Bom) 1244

N. J. JAMADAR
Mulchand Dhanji Shah – Appellant
Versus
Noordam Iraj Ahmed – Respondent


Advocates appeared:
Mr. Gaurav Parkar, Advocate, for the Appellant; Mr. Saumen S. Vidyarthi, Advocate, for the Respondent.

JUDGMENT

N.J. Jamadar, J. - This appeal is directed against a judgment and award in Application No.288 of 2005 dated 27th February 2013, passed by learned Member, Motor Accident Claims Tribunal, Mumbai (Tribunal'), whereby the compensation of Rs. 3,20,000/- was awarded under section 166 of the Motor Vehicles Act, 1988 ('MV Act') in respect of the death of Digesh Mulchand Shah, the deceased son of the appellants-original applicants. (The parties hereinafter are referred to in the capacity, they were arrayed before the learned Member, Tribunal).

2. Shorn of unnecessary details, the background facts leading to this appeal can be stated as under :

Digesh, the deceased son of the applicants, then 24 years of age, was on his way to Mumbai in a car, alongwith a friend. When they reached village Waliv near Vasai, a truck bearing No. GJ-15-X-8541 ('offending vehicle'), owned by opponent No.1,driven by opponent No.2, and insured with opponent No.3, came in a high speed and gave dash to the deceased's car. The deceased and his friend sustained injuries in the accident. The deceased was pronounced d

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