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2023 Supreme(Bom) 303

SHIVKUMAR DIGE
Brihan Mumbai Municipal Corporation – Appellant
Versus
Shrinivasan Ramchandra Pai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Hemal i/b Navdeep Vora & Associate
For the Respondent: Ms. Meenakshi Pahuja i/b A.M. Gokhale

JUDGMENT :

1. The issue involved in this appeal is false involvement of offending bus.

2. It is contention of learned counsel for the appellant that, deceased was knocked down by the bus but the offending bus was falsely involved in the accident. Learned counsel further submit that, it was the case of the claimants that when deceased was going on the road, he was knocked down by the best bus but, the registration number of bus which was given to police was not belonging to the best bus. It was not proved before the tribunal that said accident occurred due to best bus. But, this fact is not considered by the tribunal and has awarded exorbitant and excessive compensation. Hence, requested to allow the appeal.

4. It is contention of learned counsel for the respondents/claimants that, the FIR was lodged against the driver of offending bus. The accident incident was witnessed by eye witness and he has stated that, best bus gave dash to the deceased. The tribunal has considered all the aspects while awarding compensation. Hence, no interference is required in it.

5. I have heard both learned counsel, perused judgment and order passed by Motor Accident Claims Tribunal, Mumbai (for short 'the

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