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2024 Supreme(Online)(Bom) 5830

BOMBAY HIGH COURT
M.W. CHANDWANI, J
SMT. JAYA WD/O SADASHIV SURJUSE AND OTHERS – Appellant
Versus
SOPAN S/O WASUDEVRAO JAYLE AND ANOTHER – Respondent


Advocates:
Mr. P.R. Agrawal, Advocate for the Appellants. Mr. V.B. Bhise, Advocate for Respondent No.1. Mr. R.D. Bhuibhar, Advocate for Respondent No.2.

J U D G M E N T :

This appeal preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act” for short) assails the judgment and order dated 13/07/2017 passed by the Motor Accident Claims Tribunal, Akot, District Akola (hereinafter referred to as “Tribunal” for short) in M.A.C.P. No.5/2015.

02] The appellants are the dependents of deceased Sadashiv Surjuse, who died in a vehicular accident on 18/06/2015. Appellant No.1 is the widow, appellant Nos.2 to 4 are children; and appellant No.5 is the mother of deceased Sadashiv Surjuse. Respondent No.1 is the owner and driver of the motorcycle (Hero Passion Pro) bearing registration No.MH-30-AQ-4846, whereas, respondent No.2 is the insurer of the said motorcycle.

03] The claim petition was preferred under Section 166 of the Act by the appellants being dependants of the deceased and have claimed compensation for accidental death. The Tribunal by the impugned judgment and award partly allowed the petition directing respondent No.1, the owner of vehicle, to pay Rs.10,29,000/- to the appellants including the ‘no fault liability’ as compensation along with interest at the rate of 8% per annum from the date of the cl

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