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2022 Supreme(Bom) 1362

SHRIKANT D.KULKARNI
Sumanbai Ramdas Kasar – Appellant
Versus
Amritlal & Company Through – Respondent


Advocates appeared:
M.R. Malpani, Advocate, Ajit B. Kale, Advocate, A.B. Gatne, Advocate, D.M. Pingale, Advocate

JUDGMENT

Shrikant D. Kulkarni, J. - It is an appeal for enhancement of compensation amount filed by the appellants / claimants by taking aid of Section 173 of the Motor Vehicles act, 1988.

2. The deceased Naresh (son of the original claimant nos. 1 and 2) was returning home on his bicycle on 25.07.1993 about 9.15 a.m. The Tanker bearing registration no. MTG-8961 driven in a rash and negligent manner, gave dash to the deceased and caused accident. Naresh sustained serious injuries in the accident and succumbed to death.

3. The parents of the deceased had filed claim under Section 166 of the Motor Vehicle act, 1988 and sought compensation on account of death of their son Naresh in a motor vehicular accident. The Member, M.a.C.T., Jalgaon after considering the rival pleadings of the parties, evidence on record and considering argument advanced on behalf of both the sides was pleased to partly allowed the claim to the tune of Rs.1,68,000/- with interest @ 7.5% per annum from the date of claim petition till its realization by fastening the liability jointly and severally on the owner and the insurer of the Tanker involved in the accident.

4. Feeling aggrieved by the impugned judgment and aw

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