2022:BHC-AS:14273 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.191 OF 2017 Mrs. Safiakhatoon Kamal Ahmed Khan and Ors. ...Appellants Versus Farooq Merchant and Anr. ...Respondents ...

Mr. Amol Gatne and Ms Swati Mehta for the Appellants.

Mr. Rajesh Kanojia with Ms Nitika Singh and Riddhi Chavan i/b. M/s.

Res Juris for Respondent No.2.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 28th JUNE, 2022.

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 negligent driving the m