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2022 Supreme(Bom) 1293

M.S.SONAK
Akaram Jadhav – Appellant
Versus
Jayesh Ashok Naik – Respondent


Advocates appeared:
C. A. Coutinho, Advocate, U. R. Timble, Advocate, Y. Mandrekar, Advocate

JUDGMENT

M. S. Sonak, J. - Heard Mr. C. a. Coutinho for the appellant and Mr. U. R. Timble for respondent no.6.

2. Mr. Coutinho submits that all the respondents in this matter have been duly served. Since the accident, in this case, took place on 24.12.2011, there is no point in adjourning this matter any further.

3. The appellants-claimants, i.e., the parents, wife, and three minor daughters, then aged 4, 2, and 1, respectively, of late Jalander Jadhav, challenge the impugned judgment and award dated 13.02.2015 by which the Motor accident Claims Tribunal (Tribunal) determined compensation payable to them at Rs.30,18,000/- but dismissed the claim petition on the specious plea that the claimants failed to establish rashness and negligence on the part of the respondent no.2, i.e., the driver of the tipper truck bearing registration no.Ga-09-U-0257.

4. The Tribunal, in this case, has exonerated the driver of the Tata Tipper Truck bearing registration no.Ga-08-U-1613 is the other truck that was alleged to be involved in the accident. Such exoneration need not be revisited based on the oral and documentary evidence on record, including the documents at Exh.41 and the deposition of the Head

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