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2023 Supreme(Online)(Bom) 24511

BOMBAY HIGH COURT
SHIVKUMAR DIGE, J
THANE MUNICIPAL TRANSPORT CORPORATION – Appellant
Versus
MR. HRISHIKESH SUDHAKAR THAKARE – Respondent


Oral Judgment :

1. The issue involved in this appeal is the claimant was not holding effective and valid driving license at the time of accident. There was contributory negligence of the claimant in the accident but it was not considered. Digitally signed by 1/4 SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2023.06.06 +0530

2. It is the contention of learned counsel for the appellant that the claimant was riding motorcycle when the offending bus gave dash to his motorcycle. The Tribunal has observed that the claimant who was riding motorcycle was not holding effective and valid driving license at the time of accident, there was contributory negligence of the claimant in the said accident, but in spite of that, Tribunal has fixed liability on the appellant who is the owner of the offending bus. Hence, requested to allow the appeal.

3. It is contention of learned counsel for the claimant that in companion matter, the Tribunal has considered that the accident occurred due to negligence of the driver of the offending bus. There was no negligence of the claimant in the said accident, hence, the order passed by the Tribunal is legal and valid. Learned counsel for the claimant relied o

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