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2023 Supreme(Bom) 1333

SANDIPKUMAR C. MORE
Sadhana w/o Subhash Nagare – Appellant
Versus
Divisional Controller M. S. R. T. C. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M. L. Kolhe, Advocate
For the Respondent:Mr. Amol Mali, Advocate holding for Mr. D.S.Bagul, Advocate

JUDGMENT :

1. The present appellants, who are the original claimants, have filed this appeal for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Jalna (hereinafter referred to as the “learned Tribunal”) in Motor Accident Claim Petition No. 123/2001 vide judgment and award dated 06.09.2003. During pendency of this appeal, the appellant Nos.4 and 5, who are the parents of deceased Subhash, died and therefore, their names were deleted since the other dependents of deceased are already on record.

2. The brief faces giving rise to the present appeal are as under :

One Subhash Uttam Nagare on 21.04.2001 was returning to Mantha from Jalna on motorcycle bearing registration No. MH-21-E-6027 alongwith his friend Jagdish Rathi. However, at about 8.30 p.m. when they reached in front of Mahindra Hybrid Seeds Company Ltd on Jalna to Mantha road, one S.T. bus bearing registration No. MH-20-D- 4557 came from opposite direction in high speed, which was being driven by present respondent No.2 Balaji, and gave dash to the motorcycle of deceased. The concerned police station i.e. Taluka Police Station, Jalna registered Crime No. I-78/2001 against respondent No.2 i.

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