STATE OF MAHARASHTRA Vs. ALMONISA
LAWS(BOM)-2017-7-199
HIGH COURT OF BOMBAY
Decided on July 21,2017

STATE OF MAHARASHTRA Appellant
VERSUS
Almonisa Respondents

JUDGEMENT

P.R.BORA, J. - (1.) The State has filed the present appeal challenging the judgement and order passed by the Motor Accident Claims Tribunal at Beed in M.A.C.P. No.54/2013, decided on 7th of July, 2015.
(2.) Transfer of the ownership of the vehicle sold in a public auction by the State Government whether can be distinguished from the 'sale simpliciter' is an issue raised in the present appeal.
(3.) Present respondent nos. 1 to 5 ( hereinafter referred to as the original claimants), had filed the aforesaid claim petition claiming compensation on account of death of one Hakim Qureshi who died in a vehicular accident happened on 29th of February, 2012 having involvement of a Jeep bearing registration No.MH-12-W- 4573. Present respondent no.6 was plying the aforesaid Jeep when the alleged accident happened. The appellant i.e. the Deputy Director of Health Services was made respondent no.1 in the aforesaid claim petition since the Jeep involved in the alleged accident was registered in the name of the said respondent in the Office of the Regional Transport Office. It was the contention of the original claimants that on 29th of February, 2012, when deceased Hakim was returning to his home from village Pimpalner by an Appay Rickshaw, the said Rickshaw was dashed by offending Jeep and in the accident so happened, said Hakim received severe injuries and though he was immediately taken to the hospital at Beed, he was declared to have been died. According to the claimants, age of the deceased was 40 years on the date of the accident and he was a skilled mason and was earning around Rs.2,00,000/- (Rs. two lakhs) per annum. It was the further contention of the claimants that they all were dependent upon the income of deceased Hakim. It was alleged by the claimants that the alleged accident happened because of the negligence of the Jeep driver i.e. respondent no.6 in the present appeal. The claimants had, therefore, claimed compensation of Rs.10,00,000/- ( Rs. ten lakhs) from the driver and owner of the said Jeep.;


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