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2022 Supreme(Bom) 1046

S.G.DIGE
Babarao Vithoba Muthal – Appellant
Versus
Abdul Raheman Abdul Sattar – Respondent


Advocates Appeared:
For the Appellants : Mr. Abhijit S. More.
For the Respondents: Mr. S.N. Pagare.

JUDGMENT :

1. Being aggrieved and dissatisfied with the judgment and award passed by the Member, Motor Accident Claims Tribunal, Osmanabad, the appellants – original claimants have preferred this appeal for enhancement of amount.

2. Brief facts of the case are as under :-

    On 14th July, 2006, the son of the appellants viz. Chandrakant died due to an accident. While he was proceeding from Brahmanchiwadi to Osmanabad on motorcycle, the offending truck gave dash to motorcycle of the deceased.

3. The appellants filed claim petition for getting compensation before the Motor Accident Claims Tribunal, Osmanabad (For short, “the Tribunal”). Considering the evidence on record and after hearing the parties, the Tribunal has awarded compensation. Against the said judgment and order this appeal.

4. It is the contention of the learned counsel for the appellants that the Tribunal has not properly considered the income of the deceased. The deceased was contractor and he was earning Rs.15,000/- per month, therefore, the compensation should have been granted by considering his income, but less income

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