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2022 Supreme(Bom) 1006

S. G. DIGE
Sangitadevi W/o Late Rameshkumar Kesarwani – Appellant
Versus
Shaikh Nazir S/o Shaikh Imam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Narayan Singh.
For the Respondent: M.K. Goyanka.

JUDGMENT :

S.G. DIGE, J.

1. Being aggrieved and dissatisfied with the judgment and award passed by the Member, Motor Accident Claims Tribunal, Nanded, the appellants-original claimants have preferred this appeal.

2. Brief facts of the case are as under:

    On 5th May, 1988 the deceased was proceeding in the Bus, the said bus collided with tree and caught fire. Around 55 persons including deceased died in the said fire. The offence was registered against the driver of the Bus.

3. The appellants filed claim petition for getting compensation before the Motor Accident Claims Tribunal, Nanded (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 for enhancement of compensation.

4. It is the contention of the learned counsel for the appellants that the Tribunal has not considered proper income of the deceased. The deceased was contractor and he had carried out the contract work of Government, Semi- Government and for private parties, but this fact was not considered b

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