SHAKUNTALA KASHIKHAND KHANDARE, AGED ABOUT 51 YEARS, OCCUPATION - HOUSEWIFE AND ANOTHER Vs. GAJANAN MURLIDHAR BAJARE, AGED 45 YEARS, OCCUPATION - BUSINESS, R/O KRUSHNA NAGAR, WADI KD., NANDURA ROAD, TQ.JALGAON JAMOD, DISTRICT BULDANA AND ANOTHER
LAWS(BOM)-2017-1-221
HIGH COURT OF BOMBAY
Decided on January 20,2017

Shakuntala Kashikhand Khandare, Aged About 51 Years, Occupation - Housewife And Another Appellant
VERSUS
Gajanan Murlidhar Bajare, Aged 45 Years, Occupation - Business, R/O Krushna Nagar, Wadi Kd., Nandura Road, Tq.Jalgaon Jamod, District Buldana And Another Respondents

JUDGEMENT

Z.A.HAQ, J. - (1.) Heard Shri Anand Deshpande, Advocate for the appellants/complainants and Shri Amit Kinkhede, Advocate for the respondent No.2 (widow of deceased employee). Admit. Considering the nature of dispute, the appeal is taken up for final hearing. As the learned Advocates appearing for the parties have made available the copies of relevant documents at the time of hearing, the filing of paper-book is dispensed with.
(2.) The appellant No.1-mother of deceased and appellant No.2-minor daughter of deceased have filed this appeal challenging the award passed by the Motor Accident Claims Tribunal dismissing their claim petition. In the claim petition, the respondent No.2-widow of deceased was impleaded as respondent as she preferred not to file the claim petition. In this appeal, she is impleaded as respondent No.2.
(3.) The appellants had filed petition under Section 166 of the Motor Vehicles Act, 1988 contending that deceased Narendra died in accident during the course of his employment with the respondent No.1 and they are entitled for compensation of Rs.6,00,000/- along with other benefits. The respondent No.1 opposed the claim of the claimants on various grounds substantially on the ground that deceased Narendra was not his employee and that the accident of the vehicle which he was driving was caused due to his negligence. After the trial, the Tribunal recorded that the claimants are not entitled for compensation from the respondent No.1 as the accident is caused due to rash and negligent driving by deceased Narendra. The Tribunal dismissed the claim petition by the impugned award.;


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