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2021 Supreme(Bom) 1822

R. G. AVACHAT
Sangita, w/o. Mohan Jarange – Appellant
Versus
Kalidas @ Bandu Tukaram Maske – Respondent


Advocates Appeared:
For the Appellants : Mr. Sachin Deshmukh.
For the Respondents: Mr. K.K. Kulkarni, Mr. R.P. Dhase, Mr. A.G. Kanade.

JUDGMENT :

1. This is an appeal under Section 173 of the Motor Vehicles Act. The appellants herein are original claimants in the petition, bearing Motor Accident Claim Petition No.111 of 2007, for compensation on account of death of Mohan in an accident involving motor vehicles. The Tribunal, on appreciation of the evidence in the matter, dismissed the petition, on the ground that late Mohan himself was responsible for his death.

FACTS:-

2. It so happened that on 24.05.2007 at about 10.30 a.m., deceased Mohan was proceeding on his motorbike along Beed-Ahmednagar highway. It was the deceased who was riding the motorbike. A Maruti OMNI van bearing registration No.MH-12-P-1503 was coming from opposite side. A collision between the two vehicles took place. As a result, deceased - Mohan suffered multiple injuries and died on the way to hospital.

3. Heard learned counsel appearing for the parties.

4. Mr.Sachin Deshmukh, learned counsel for the appellants-claimants, would submit that on investigation of the crime, driver of Maruti OMNI van was proceeded against by filing charge sheet. The owner

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