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2023 Supreme(Bom) 2029

ABHAY AHUJA
Maharashtra State Road Transport Corporation – Appellant
Versus
Mina Kashinath Zanje – Respondent


Advocates appeared:
Nitesh V. Bhutekar, Advocate, Aniket Nangare, Advocate, Niketan Nakhwa, Advocate

JUDGMENT/ORDER

1. This is an Appeal filed under Sec. 173 of the Motor Vehicles Act, 1988 (the "MV Act") by the Maharashtra State Road Transport Corporation Limited (the "MSRTC"), which owned the offending vehicle, viz. the MSRTC Bus, against the judgment and award dtd. 4/10/2019 passed by the Motor Accident Claims Tribunal, Mumbai (the "MACT, Mumbai") in Motor Accident Claim Petition No. 606 of 2015, whereby the Appellant - MSRTC has been directed to pay compensation of Rs.18, 91, 600.00 inclusive of No Fault Liability (the "NFL") with interest at the rate of 7.5% p.a. from the date of institution of the claim, till realisation.

2. Since, by earlier orders of this Court, the Appeal has been directed to be finally heard at the stage of admission, the matter is heard for final disposal. Compilation of documents have been filed in the matter. I have also heard Mr. N.V. Bhutekar, learned Counsel for the Appellant and Mr. Niketan Nakhawa for the Respondents and with their able assistance, I have perused the papers and proceedings as well as the compilation of documents in the matter and considered the rival contentions.

3. Earlier the claim petition was filed with the MACT, Mumbai by the w

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