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2024 Supreme(Online)(Bom) 6514

BOMBAY HIGH COURT
NITIN B. SURYAWANSHI, J
BHIMRAJ ANNASAHEB DESHMUKH – Appellant
Versus
SHRINIWAS LAXMINARAYAN BIHANI AND ANR – Respondent


Advocates:
Mr. Vinayak S. Bedre, Advocate for the appellants; Mr. Mohit R. Deshmukh, Advocate for respondent No.2

JUDGMENT :

1. Heard. 2. Admit.

3. Heard finally with the consent of learned advocates for the appearing parties.

4. By this appeal, filed under section 173 of the Motor Vehicles Act, the appellant – claimant challenges Judgment and Award dated 22nd February, 2017 passed by learned Member, Motor Accident Claims Tribunal, Shrirampur in MACP No. 215 of 2015 and seeks enhancement of compensation.

5. Facts, in nutshell, can be stated thus -

On 7th April, 2015 at about 11.00 a.m., appellant was proceeding on his bicycle from Chitali to Shrirampur and when he reached near village Nimgaon Khairi, tanker No. MH-17/T-8231 came from Nimgaon Khairi side and gave dash to the bicycle of the appellant from behind. In the accident, appellant sustained grievous injuries to his right hand and right leg. He was shifted to Sakhar Kamgar Hospital, Shrirampur. Police registered Crime No. I-53 of 2015 against the driver of the offending tanker. Appellant filed claim contending that he was a vegetable seller and was earning Rs.10,000/- per month. Due to the injuries sustained in the accident, he is unable to carry out his vegetable selling business and he, therefore, claimed compensation of Rs.7,00,000/- Oppon

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