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2024 Supreme(Online)(Bom) 948

BOMBAY HIGH COURT
ARUN R. PEDNEKER, J
BOMBAY MUNICIPAL CORPORATION – Appellant
Versus
KHANDU JOGA CHORAMALE and ANR. – Respondent


Advocates:
Ms. Pallavi Khale, Mr. T. J. Mendon

1. By the present appeal, the Bombay Municipal Corporation (for short “the BMC”) challenges the order passed by the Motor Accident Claims Tribunal, Mumbai, dated 27th February 2004 granting compensation to the claimants/parents for the death of their son caused due to the accident caused by the vehicle owned by the BMC.

2. The facts leading to the filing of the appeal are briefly noted SHUBHADA below:

SHANKAR KADAM The claimants’ son Bhausaheb K. Chormale met with an Digitally signed by

SHUBHADA

SHANKAR KADAM accident on 22nd October 2019 while crossing Dr. E. Moses Road. He

was proceeding from east to west direction when a motor lorry bearing No. MH-01-H-7843 dashed against him. On account of the dash, the claimants’ son of 20 years, 4 months old died in the accident. The motor lorry bearing No.MH-01-H-7843 is owned by the appellant - BMC. The claimants, thus, filed an application before the MACT claiming compensation to the extent of Rs.2,00,000/-. It is contented in the claim application that the deceased was nearly 21 years of age at the time of the accident, he was working as a labourer in Hind Plastic Company at Mumbai and earning Rs.1,500/- per month. The Tribunal, considering th

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