Manoj S/O Chandrakant Gadekar And ... vs Jyoti W/O Sachin Chavan And Ors
2022 Latest Caselaw 2412 Bom

P.H. Jayani                                     14 FAST1188.2022.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                   FIRST APPEAL (ST.) NO.1188 OF 2022
                                 WITH
               INTERIM APPLICATION (ST.) NO. 1190 OF 2022
                                 WITH
               INTERIM APPLICATION (ST.) NO. 1189 OF 2022
                                   IN
                   FIRST APPEAL (ST.) NO.1188 OF 2022

Manoj s/o. Chandrakant Gadekar and anr.      .... Appellants
            v/s.
Jyoti w/o. Sachin Chavan and ors.            .... Respondents


Mr. Akhil Kupale a/w. Mr. Mohammed Asim i/b. Manoj
Harit & Co. for the Appellants.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 09th MARCH, 2022.

P. C. :-

. The Appellants herein being the owner and driver of the

offending vehicle have challenged the judgment dated 05/07/2018

passed by the MACT, Solapur in Claim Petition No.144/2016.

2. By the impugned judgment, the Tribunal has held that the

accident was caused due to contributory negligence of the deceased as

well as the driver of the offending vehicle. The Tribunal has assessed

the compensation @ Rs.21,42,000/-. However, considering the

P.H. Jayani 14 FAST1188.2022.doc

contributory negligence to the extent of 40%, directed the Appellants

to pay compensation of Rs.15,09,000/-.

3. Mr. Akhil Kupale, learned counsel for the Appellants seeks stay of

the execution and implementation of the impugned judgment. It is

seen that the Appellants have not yet deposited the compensation as

per the impugned judgment and Award. Learned counsel for the

Appellants seeks time to take instructions as regards deposit of the

amount.

4. Stand over to 10/03/2022.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2022.03.09 18:24:18 +0530