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2024 Supreme(Online)(Bom) 4250

BOMBAY HIGH COURT
ARUN R. PEDNEKER, J
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SHARAD SHANTARAM PATIL AND ORS – Respondent


Advocates:
Mr. M. K. Goyanka, Mr. Dhananjay Deshpande, Mr. G. V. Wani

ORAL JUDGMENT :-

1. Heard the learned counsel for the parties.

2. The appellant, MSRTC, challenges the order passed by the Motor Accident Claims Tribunal, in MACP No.590/199, dated 08/08/2005, which granted compensation to the claimants, dependents of the deceased, who was traveling in the auto-rickshaw that met with an accident involving an MSRTC bus.

3. The brief facts of the case are as follows :-

On 10/09/1998, Dilip Pandit Sonawane was traveling in auto- rickshaw from Jalgaon to Asoda. At around 6:00 p.m., near Khari Doha, the auto-rickshaw collided with MSRTC bus bearing No. MH-20/A-4697 coming from the opposite direction. The auto-rickshaw, bearing No. MH- 19/8141, in which Dilip Sonawane was traveling, was involved in the collision, resulting in his death at the spot. The claimants, being the legal heirs and dependents of late Dilip Sonawane, filed a claim petition against MSRTC, the auto-rickshaw owner, and its insurer, seeking compensation for loss of dependency.

4. After considering the evidence, the Tribunal held that the MSRTC bus driver was solely negligent in causing the accident and directed MSRTC to pay the entire compensation amounting of Rs.3,60,788/- to the dependent

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