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2023 Supreme(Bom) 2031

SANDIPKUMAR C. MORE
Prashant Bhaskar Kasar – Appellant
Versus
Kantilal Nemichand Jain – Respondent


Advocates appeared:
Amol S. Sawant, Advocate, A.A. Puranik, Advocate, A.S. Deshpande, Advocate, Amol S. Mali, Advocate, D.S. Bagul, Advocate

JUDGMENT/ORDER

1. The appellant i.e. original claimant, is seeking enhancement of the compensation granted to him by the Motor Accident Claim Tribunal, Dhule (hereinafter referred to as the learned Tribunal) under the judgment and award dated 22/06/2004 in MACP No.167 of 2000.

2. This is an injury claim and the claimant has got injured in the accident between ST bus bearing registration No. MH-20-D- 3082 and Tanker bearing registration No. MH-18/A-7049 on 04/12/1999 at about 10.30 a.m. on Mumbai-Agra National Highway in the vicinity of village Chikhalohod. The appellant was occupant of the aforesaid ST bus and the accident caused due to negligence of driver of the aforesaid tanker. Since the present appeal is only challenging the quantum of compensation awarded by the learned Tribunal, I restrict my fnding only to that extent.

3. The learned Tribunal has granted compensation of Rs.47, 000/- only to the appellant on account of injury sustained by him and the medical expenditure incurred by him. However, there is no bifurcation given by the learned Tribunal under which heads the amount of Rs.40, 000/- out of total compensation has been awarded.

4. Heard rival submissions and also perused

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