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2023 Supreme(Bom) 797

URMILA JOSHI-PHALKE
Anuj – Appellant
Versus
Sharad – Respondent


Advocates appeared:
M.P.Khajanchi, Advocate, Cecil Anthony, Advocate

JUDGMENT

1. The present appeal is preferred by the appellants who are the original claimants for enhancement of the compensation which is granted by the Member, Motor Accident Claims Tribunal, Chandrapur in MACP No. 175/2010 on 11/07/2019.

2. Brief facts, which are necessary to decide the appeal are as follows :-

The deceased Minal w/o Anuj Khandloya, is the wife of the appellant No.1 and daughter of the appellant Nos. 2 and 3 and the sister of appellant No.4. At the time of accident, she was aged about 22 years and was a business woman as well as pursuing her studies and her yearly income was Rs.2,10,000.00.

3. On 13/3/2010, at about 9.15 a.m., deceased Minal was proceeding from Civil Lines, Chandrapur towards the house of one Mr Sudhir Heda on two wheeler namely Dio bearing Registration No. MH-34-Q-620. She was driving her two wheeler in a moderate speed after observing the traffic rules and regulations. When she reached near old Warora Naka Chowk, at the relevant time, offending truck bearing No. HGV MH-34 M-6845, came in a rash and negligent manner without observing traffic rules and regulations, and was proceeding towards railway over bridge, gave dash to the two wheeler of Mina

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