The Brihan Mumbai Municipal ... vs Surekha Ranba Gund And Ors
2023 Latest Caselaw 7991 Bom

                                                  2-FA-1511-2011-CAF-3086-2011-.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                          FIRST APPEAL NO.1511 OF 2011
                                       WITH
                        CIVIL APPLICATION NO.3086 OF 2011
                                        IN
                          FIRST APPEAL NO.1511 OF 2011

 THE BRIHAN MUMBAI MUNICIPAL                          )
 CORPORATION                                          )...APPELLANT

          V/s.

 SUREKHA RANBA GUND AND ORS.                          )...RESPONDENTS

 Mr.Hemal Dedhia i/by Navdeep Vora and Associates, Advocate for the
 Appellant/Applicant.
 Mr.T.J.Mendon, Advocate for the Respondents no.1 to 3.

                                   CORAM      :       ABHAY AHUJA, J.

                                   DATE       :       7th AUGUST 2023

 P.C. :

1. Mr.Hemal Dedhia, learned Counsel for the Appellant, has

substantially argued his case with respect to the negligence of the

driver of the offending vehicle and has relied upon the decision of the

Hon'ble Supreme Court in the case of Mahadeo Hari Lokre vs. The

State of Maharashtra1 to submit that if a person suddenly crosses the

1 AIR 1972 SC 221

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2-FA-1511-2011-CAF-3086-2011-.doc

road, the bus driver, however slowly he may be driving, may not be in a

position to save the accident, and therefore, the bus driver is not

negligent.

2. With respect to the other aspects concerning the negligence of

the Corporation as well as quantum, learned Counsel seeks some time

to furnish judgments. Accordingly, list the matter on 7th September

2023.

3. Learned Counsel are at liberty to circulate brief submissions and

supporting judgments in advance.

                                        (ABHAY AHUJA, J.)




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