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HIGH COURT OF BOMBAY
SMT. ANUJA PRABHUDESSAI, J
Mrs. Safiakhatoon Kamal Ahmed Khan and Ors. – Appellant
Versus
Farooq Merchant and Anr. – Respondent
| Table of Content |
|---|
| 1. claim petition filed under section 166 due to rider's negligence. (Para 1 , 2 , 3) |
| 2. respondent’s response regarding insurance and liability. (Para 4 , 5) |
| 3. maintainability under section 166 considered. (Para 6 , 12) |
| 4. possibility of conversion to section 163-a evaluated. (Para 7 , 14) |
| 5. income over limit restricts conversion to section 163-a. (Para 15 , 23) |
| 6. final dismissal of appeal on grounds of liability. (Para 21 , 24) |
ORAL JUDGMENT :-
1. By this appeal under Section 173 of the Motor Vehicles Act, 1988 , the Appellants have challenged the judgment dated 17/03/2016 passed by the Claims Tribunal, Mumbai dismissing M.A.C.P. No.645 of 2006, filed under Section 166 of the M.V. Act.
2. The Appellant No.1 is the mother and Appellant Nos.2 and 3 are the siblings of the deceased-Mohd. Iftikhar Kamal Ahmed Khan, who expired in a motor vehicular accident on 27/09/2005. It is the case of the Appellants (hereinafter referred to as ‘the Claimants’) that on 27/09/2005 the deceased, the rider of the motor cycle No.MH-03- AC-2119, was proceeding towards Bandra Reclamation. The Claimants alleged that the deceased was unable to control the vehicle and due to his rash and negli
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