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2023 Supreme(Bom) 1855

ABHAY AHUJA
Bombay Electric Supply And Transport Undertaking – Appellant
Versus
Pradeep Gyanchandra Dubey – Respondent


Advocates appeared:
Bhavesh Wadhwani, Advocate, Aavish Shetty, Advocate, V.Kini, Advocate, T.J.Mendon, Advocate, T.R.Kale, Advocate

JUDGMENT/ORDER

ABHAY AHUJA, J. - This Appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (the 'M.V. Act') challenging the judgment and award dtd. 25/7/2017 passed by the Motor Accident Claims Tribunal, Mumbai in Motor Accident Claim Application No.772 of 2013 partly allowing the Application of the Respondent and awarding a sum of Rs.13,50,073.00towards total compensation along with interest at the rate of 8% per annum.

2. Attempts were made by the parties to settle the matter before the Lok Adalat but since there was no final outcome of the settlement, the matter was once again listed for final hearing at the stage of admission.

3. The brief facts are as follows. That on 14/11/2012, the Respondent who was then aged about 28 years, a self-employed person conducting a pan shop from 9:00 pm till late hours of the night, after closing his pan shop was returning home at about 1:00 a.m. on a motor cycle ridden by him, moving from R.H.B. Road, Mulund towards Sanjay Gandhi Nagar and was going along Kalidas Road to go to M.G. Road and had reached beside Chanakya Society, Devidayal Road, when a BEST bus bearing Registration No. MH-01-AP-0694 (the 'Offending Vehicle') came from

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