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2022 Supreme(Bom) 981

S.G.DIGE
Samdani S/o Sattar Shaikh – Appellant
Versus
Jatinder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.V. Naiknavare.
For the Respondents: S.P. Chapalgaonkar, S.S. Chapalgaonkar.

JUDGMENT :

S.G. DIGE, J.

1. Being aggrieved and dissatisfied by the judgment and award dated 11.09.2007 passed by the Motor Accident Claims Tribunal, Osmanabad, the appellant [original claimant] has preferred this appeal for enhancement of compensation.

2. Brief facts of the case are as under:

    On 21.06.2004 at about 3.30 a.m. the appellant [original claimant] was traveling in Luxury Bus No. MH-05/9891 on National Highway No. 9. At the relevant time, the truck No. MH-06/K-5156 came from opposite direction in high speed. The driver of the truck was rash and negligent. The truck went on wrong side and gave dash to the luxury bus. Due to the said accident, the appellant sustained serious injuries. The crime was registered against the driver of the said truck.

3. The appellant filed claim petition for getting compensation before the Motor Accident Claims Tribunal, Osmanabad [for short ‘the Tribunal’]. After considering the evidence on record and hearing the parties, the Tribunal has granted compensation. Against the said judgment and order, this appeal.

4. It is the contention of the lea

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