Shri.Dinesh Devayya Mettupelly vs Mr.Mohd Hanif And Ors
2022 Latest Caselaw 13341 Bom

                                                                        39-FA-635-2018.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION

                                         FIRST APPEAL NO. 635 OF 2018

                      SHRI. DINESH DEVAYYA METTUPELLY               )...APPELLANT

                               V/s.

                      MR. MOHD. HANIF AND OTHERS                    )...RESPONDENTS

                      Mr. T.J.Mendon, Advocate for the Appellant.
                      None for the Respondents.

                                         CORAM     :     ABHAY AHUJA, J.

                                         DATE      :     20th DECEMBER 2022

                      P.C. :


                      1        By this appeal, the appellant-claimant is impugning the

judgment and order passed by the Motor Accidents Claim

Tribunal, Thane on 6th May 2017 in Applicant No.340 of 2014,

pursuant to which, the claim of the appellant has been rejected by

the Tribunal.

2 Mr. Mendon, learned counsel for the appellant, would

submit that, only on the ground that negligence of the driver of

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ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2022.12.20 17:37:27 +0530 39-FA-635-2018.doc

the Santro car as well as the tanker, which run over the leg of the

appellant, has not been proved, that the claim has come to be

rejected.

3 Having heard the learned counsel, issue notice to

respondents for hearing at the stage of admission, returnable on

17th January 2023.

4 Registry is directed to call for the Records and Proceedings.

5 Mr. Mendon undertakes to file compilation of documents by

the next date.

6 List the appeal on 17th January 2023.

                                    (ABHAY AHUJA, J.)




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