NARAYAN ANANT DALVI AND ORS. Vs. SHIVDAS BHARTU AND ORS.
HIGH COURT OF BOMBAY (AT: PANAJI)
Narayan Anant Dalvi And Ors.
Shivdas Bhartu And Ors.
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(1.) The present Appeal is directed against the impugned Judgment and Award passed by the learned Presiding Officer of the Motor Accident Claims Tribunal at Mapusa in Claim Petition no. 25 of 2008 dated 14.05.2009, by which the claim of the claimants, the Respondents herein, for compensation under the provisions of Section 166 of the Motor Vehicles Act, has been allowed. The Respondents who are the Appellants herein, came in Appeal.
(2.) The parties are herein referred to as they appear in the cause title of the impugned Judgment and Award.
(3.) The brief facts of the case may be stated as follows :
That the claimant no. 1, husband of deceased Ujwala and the Respondent nos. 2 and 3 are the sons. It is the case of the claimants that on the date of the accident i.e. on 23.02.2007, the deceased Ujwala was riding on her Activa Scooter bearing no. GA-03/D-6553; when she reached near Ankur Hospital, Mapusa, at that time, Respondent no. 1 was driving the Water tanker bearing no. GA-01/Z-0621 in a rash and negligent manner and was proceeding towards housing Board, gave a dash to the scooter due to which said Ujwala sustained grievous injuries and died on the spot. The said deceased Ujwala was around 48 years of age, she was working as a Clerk in Mapusa Urban Bank Ltd., having monthly salary of Rs.16,778/-. Therefore, the claimants have claimed total compensation of Rs.25,47,000/- on all count.;
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