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2023 Supreme(Bom) 1649

VIBHA KANKANWADI, ABHAY S. WAGHWASE
Divisional Controller, NEKSRTC, Dist. Bidar. (Karnatake State) – Appellant
Versus
Sushila, w/o. Shrimant @ Hanumant Phad – Respondent


Advocates Appeared:
Mr. V.D. Gunale, Mr. B.R. Kedar.

JUDGMENT :

(Smt. Vibha Kankanwadi, J.)

1. The present appeals are arising out of the Judgment and Award passed in Motor Accident Claim Petition No.38/2008 by the learned President, Motor Accident Claims Tribunal, Ambajogai, Dist. Beed on 10.02.2011, whereby the said claim petition came to be partly allowed. Here, the First Appeal No.1180 of 2011 is filed by the original respondent, whereas First Appeal No.2637 of 2013 is filed by the original claimants and, therefore, both the appeals are proposed to be decided by this common Judgment. (For the sake of convenience hereinafter the parties are referred to by their original nomenclature before the Tribunal.)

2. Original claimants contended that claimant No.1 is the widow of Shrimant @ Hanumant Acchyut Phad, claimant Nos.2 and 3 were the children of deceased and claimant No.1, and claimant Nos.4 and 5 are the parents of deceased Shrimant. Shrimant was aged 42. He was Engineer, Contractor, Professor and he was doing the business of deary farming, animal husbandry, jaggery preparation and other such activities as well as running coaching classes. His monthly income was Rs.2,02,500/-. The accident took place at about 2.25 p.m. on 07.10.2007

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