HEMANT CHANDERSEN SHIV Digitally signed by HEMANT CHANDERSEN SHIV Date: 2025.04.19 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

15:42:34 +0300 CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.39 OF 2001 The State of Maharashtra ...Appellant vs.

1. Smt. Geetadevi Narsingdas Holani Age 39 years, w/o of the deceased …

2. Mrs. Bhavana Radheshyam Rathi Age 19 years, daughter of deceased …

3. Master Gagan Narsingdas Holani Age 16 years, son of deceased (Through his mother and next friend All r/o at Century Staff Quarters E-2, Pandurang Budhkar Marg, Mumbai …

4. Laxminarayan Holani Age 65 years father of deceased r/o 161, Gumasta Nagar, Baslaji Mandir Marg, Indor (M.P.) ...Respondents WITH CROSS OBJECTION STAMP NO.5330 OF 2001 IN FIRST APPEAL NO.39 OF 2001 The Union of India Through Asst. Engineer (Electric) Central Electric Sub Dvi.IV CPWD B-5/029 1954, Ist Floor CGS Colony S. M. Plot, Antop Hill, Mumbai 400 037 ...Appellant vs.

1. Smt. Geetadevi Narsingdas Holani Age 39 years, w/o of the deceased …

2. Mrs. Bhavana Radheshyam Rathi Age 19 years, daughter of deceased …

3. Master Gagan Narsingdas Holani Age 16 years, son of deceased (Through his mother and next friend All r/o at Century Staff Quarters E-2, Pandurang Budhkar Marg, Mumbai …

4. Laxminarayan Holani Age 65 years father of deceased r/o 161, Gumasta Nagar, Baslaji Mandir Marg, Indor (M.P.) ...Respondents Ms. S. G. Talhar AGP for the Appellant.

Mr. Rajesh Parab i/b D. S. Sawant for the Respondent Nos.1 to 3.

CORAM : SHYAM C. CHANDAK, J.

DATE : 03rd APRIL 2025 JUDGMENT :

. This First Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (“the Act”) by Original Opponent No.1, against the Judgment and Order dated 30/06/2000, in M.A.C. Application No.1674 of 1993 (“Claim”), passed by the Motor Accident Claims Tribunal, Mumbai thereby said claim filed by Respondent Nos.1 to 3 was partly allowed and the Appellant/Original Opposite party was ordered to pay to Respondent Nos.1 to 4 (“Claimants”) a compensation in the sum of Rs.4,75,264/- alongwith interest at the rate of 10% per annum from January 1998 till the realisation of the amount.

2) Appeal is filed on the ground that the compensation awarded is excessive, whereas Respondent Nos.1 to 3 filed the Cross- objection claiming that the Tribunal erred in attributing contributory negligence to the deceased which resulted in awarding lesser compensation amount.

3) Record shows that the Appeal was admitted on dated 15/01/2001. Thereafter, Mr. A. J.Almeda, the learned Advocate filed his Vakalatnama dated 14/06/2001, for Respondent No.4. However, none remain present for Respondent No.4.

4) Heard Mr. Talhar, the learned AGP for the Appellant- State and Mr. Parab, the learned Advocate for Respondent Nos.1 to 3.

Perused the record.

5) Facts in brief are that Respondent Nos. 1 to 4 are widow, daughter, son and father of late Narsingdas Laximinarayan Holani. On dated 21/04/1993, at about 8.30 p.m., at Prabhadevi, Respondent Nos. 1 to 3 alongwith the deceased were crossing Veer Savarkar Marg to go to Siddhi Vinayak Mandir. A jeep bearing registration No.MH- 01-4082 (“jeep”) came there driven in a high speed from Worli side and dashed the deceased. The deceased was thrown near the rear wheel of a BEST bus which was moving in the same direction from right side. As a result, the deceased sustained injuries. The deceased was removed to K.E.M. Hospital, however, he succumbed to the injuries before admission. It was averred that the accident occurred due to rash and negligent driving of the jeep.

5.1) It was averred that the deceased was doing service in M/s.Century Mills, Worli, Mumbai thereby he was getting monthly salary of Rs.5,500/-. The Respondents were depending on the income of the deceased. The jeep was owned by the Appellant and it was driven by the person instructed by the Appellant. Therefore, Respondent Nos.1 to 3 filed the said claim arraying Respondent No.4 as Respondent and prayed to award a compensation of Rs.8,00,000/-

along with interest from t