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2024 Supreme(Online)(Bom) 1161

BOMBAY HIGH COURT
SHIVKUMAR DIGE, J
SMT. ASHA RAMCHANDRA PAWAR and OTHER – Appellant
Versus
MR. SOHANLAL SHANKARLAL SHARMA – Respondent


Advocates:
Mr. I. S. Thakur i/b Global Juris Consults, Advocate for the Appellants. Ms. Yogita M. Deshmukh, Advocate for the Respondent No.1. Mr. Rajesh Kanojia i/b Res Juris, Advocate for the Respondent No.2.

Oral Judgment. :

1. This appeal is preferred by the Appellants/Claimants against the dismissal of claim petition.

2. The brief facts of the case are as follows.

3. The deceased Ramchandra Pawar was Traffic Police Constable. On 7th April, 2007, he was on duty at Parisk Reti Bunder Naka, Traffic police chowki and he was controlling the traffic proceedings towards Mumbra road. The road leading towards Mumbra was ‘No Entry’ road for heavy vehicles and the heavy goods vehicles were prohibited from proceeding by the said road. At 9:30 p.m., a heavy goods vehicle i.e trailer bearing registration No. RJ-06- G-4177 entered in the Mumbra road, which was ‘No Entry zone’ for heavy vehicles. Therefore, Ramchandra Pawar gave signal to the driver of trailer to stop it but, trailer proceeded further. Therefore, Ramchandra Pawar chased the trailer along with one Mr. Sanjiv Kirtane on his Hero Honda motorbike bearing registration No. MH-04- BT-2075. He overtook the trailer and gave signal to the driver of the trailer to stop it. Deceased Ramchandra then asked the cleaner of the said trailer to turn back the trailer but, the cleaner did not respond to it. Therefore, Ramchandra approached the driver of t

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