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2023 Supreme(Bom) 247

URMILA JOSHI-PHALKE
Shital, wd/o. Prasad Sarodaya – Appellant
Versus
Vishal, s/o. Manikrao Lokhande – Respondent


Advocates Appeared:
For the Appellants : Shri P.R. Agrawal.
For the Respondents: Shri P.D. Meghe, Mrs. Mrunal Naik.

JUDGMENT :

1. Both these appeals are arising out of the same judgment and award dated 17.7.2020 passed by the learned Member of the Motor Accident Claims Tribunal (learned Member of the tribunal), Mangrulpir in MACP No.26/2014.

First Appeal No.28/2021 is preferred by the claimants for enhancement of compensation.

Whereas First Appeal No.339/2020 is preferred by the owner and challenged the findings of learned Member of the tribunal exonerating the insurance company.

The parties are hereinafter referred as per their original nomenclatures.

2. Brief facts necessary for disposal of these appeals are as under:

On 6.11.2013 , at about 6:30 am, Prasad Vinodrao Sarodaya (the deceased) was proceeding towards Wardha from Karanja in his own car bearing registration No.MH-32-C- 4126. When his car reached near Shingnapur Phata, one school bus bearing registration No.MH-31-CB-8915, driven by respondent No.1 (in FA No.28/2021) who is also respondent No.4 (in FA No.339/2022) Vishal s/o Manikrao Lokhande (the driver of the offending school bus), in a rash and a negligent manner dashed against the said car of the deceased. Due to the severe dash, the deceased sustained grievous injuries and succumbed t

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