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2022 Supreme(Bom) 2025

V. G. BISHT
Indu Wd/o Madhao Gohate – Appellant
Versus
Parikshit S/o. Dhyaneshwar Taksande – Respondent


Advocates Appeared:
Mr. Asgar Hussain for the Appellants, for the Appellant; Ms. Anita Mategaonkar for Respondent No.2

JUDGMENT

1. The appellants have fled the present appeal under Section 173 of Motor Vehicles Act, 1988 (for short, 'the MV Act') challenging the judgment and award dated 28th August, 2006 passed by learned Member, Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 451 of 2002. By the impugned judgment and award, the learned Member has awarded compensation of Rs. 3,28,067/- along with interest @ 7.5% p.a. from 12th June, 2002 till realization.

2. The brief facts are as under :

    Petitioner No.1 is widow, petition Nos. 2 and 3 are parents and petitioner Nos. 4 to 6 are children of deceased Madhao s/o. Dattuji Gohate (for short, 'the deceased'). The deceased was driving his scooter bearing registration No. MH-31/D-8835 and was proceedings to Ordnance Factory where he was employed.

    When the deceased reached near Sector No. 6, Defence Colony, Wadi, Nagpur, a scooter bearing registration No. MH- 31/D-8275, which was coming from opposite direction rashly and negligently in a high speed, dashed against the scooter of deceased. Consequently, the deceased sufered several injuries and was removed to Medical College Hospital, Nagpur.

    Later on, he was admitted to other hospitals as well and

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