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2022 Supreme(Bom) 2073

V. G. BISHT
Commandant, C. A. D. Camp, Pulgaon – Appellant
Versus
Ashappa – Respondent


Advocates Appeared:
Anjali Joshi, Advocate, D.S.Mandhare, Advocate, P.S.Mirache, Advocate

JUDGMENT

1. The appellants have fled these appeals under Sec. 173 of Motor Vehicles Act, 1988 (for short, "the MV Act") challenging the judgments and awards dtd. 18/12/2010 passed by learned Member, Motor Accident Claims Tribunal-3, Nagpur in Claim Petition Nos. 249 of 2000 and 262 of 2000. By the impugned judgments and awards, the learned Member has awarded compensation of Rs.4,95,000.00 and Rs.86,220.00 along with interest @ 7.5% p.a. from 3/3/2010 till realization of the said amounts in both claim petitions respectively. Since both these appeals arise out of the same accident, are disposed of by common judgment.

2. The brief facts are as under :

    Petitioner Nos. 1 to 4 i.e., original claimants are children of deceased Narsimalu s/o. Ashappa Sahare and Timalla w/o. Narsimalu Sahare. Deceased Narsimalu was 50 years old while Timalla was 35 at the time of accident. They were employed with the Railway Department and were earning Rs.5000.00 and Rs.4,500.00 p.m. respectively. On 28/1/2000, deceased Narsimalu was driving a motorcycle bearing No. MH 31/ AK-68 from Kalmeshwar to Wardha. Deceased Timalla was a pillion rider.

      According to petitioners, on the said date and on Wardha Nagpur Ro

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