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2022 Supreme(Bom) 1479

M.S.SONAK
Jaganath Hiroji Rawool – Appellant
Versus
C. J. Jogy – Respondent


Advocates appeared:
E. Afonso, Advocate, C. Afonso, Advocate, G. Agni, Advocate

JUDGMENT

M. S. Sonak, J. - Heard learned Counsel for the parties.

2. These two appeals are directed against the judgment and award dated 29.04.2015 in Claim Petition No.46/2010, by which the Motor accident Claims Tribunal (Tribunal) awarded compensation of Rs. 15,80,000/- to the Claimant Mr. C.J. Jogy for injuries suffered by him in a vehicular accident. The First appeal No.94/2015 is instituted by the owner/driver and the Insurance Company, and the First appeal No.140/2017 is instituted by the Claimant. Hence, it is only appropriate for a common judgment and order to dispose of both these appeals.

3. Even after the conclusion of the arguments, efforts were made to see if these appeals could be settled amicably. The Counsel also made efforts in this direction. Unfortunately, however, no settlement could be arrived at. The vacations then intervened. Whatever the outcome of these appeals, I still feel that the parties should once again attempt a settlement on mutually beneficial terms.

4. Mr. E. afonso, the learned Counsel for the appellants in First appeal No.94/2015, submitted that the accident took place on 06.02.2001, but the claim petition was filed after an inordinate delay of over

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