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2022 Supreme(Bom) 1740

ABHAY AHUJA
Madhav S/o. Vitthal Chattekar – Appellant
Versus
Mohammad Ali S/o. Mubarik – Respondent


Advocates Appeared:
For the Appellant : Mr. Vivek Awchat.
For the Respondent: Mr. Yowash Salve h/f Mr. John Anthony, Shri Lalit Limaye.

JUDGMENT :

1. This is an appeal challenging the order dated 25th March 2022, passed by the Motor Accident Claims Tribunal (Tribunal), Kelapur, Yavatmal, in an application under Section 140 of the Motor Vehicles Act, 1988 (M.V. Act) in Motor Accident Claim Petition No.51 of 2017.

2. The Appellant is the Claimant, who has filed the Motor Accident Claim Petition No.51 of 2017 before the M.A.C.T. Kelapur under Section 166 of the M.V. Act, 1988 for grant of compensation of Rs.5 lakhs for the injuries and permanent disablement caused to him due to the accident between the tractor trolly in which he was travelling and a truck which came and hit the tractor trolly from behind. It is claimed by the Appellant that he sustained grievous injuries over his body and has become permanently disabled. That he has lost his working and earning capacity, and therefore, the claim petition. In the claim petition, the Appellant had made an application under Section 140 of the M.V. Act seeking compensation of Rs.25,000/- under the principle of “No Fault Liability.” Vide its order dated 25th March 2022 impugned in this appeal, the tribunal on the basis of prima-facie findings that at the time of the accident

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