The Maharashtra State Road ... vs Embai Azad Sayyed And Ors
2023 Latest Caselaw 8356 Bom

                                                                   23-FA-471-2023.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.471 OF 2023

 THE MAHARASHTRA STATE ROAD TRANSPORT )
 CORPORATION                          )...APPELLANT

          V/s.

 EMBAI AZAD SAYYED AND OTHERS                               )...RESPONDENTS

 Ms.Gargi Warunjikar i/by Mr.N.V.Bhutekar, Advocate for the Appellant.
 None for the Respondents.

                                   CORAM      :    ABHAY AHUJA, J.

                                   DATE       :    17th AUGUST 2023

 P.C. :

1. This Appeal has been preferred against the judgment and award

dated 16th October 2018 passed by the Motor Accident Claims Tribunal,

Satara in Motor Accident Claim Petition No.162 of 2017 directing the

Appellant to pay compensation of Rs.4,55,000/- along with interest at

the rate of 7.5% per annum, under Section 163-A of the Motor Vehicles

Act, 1988.

2. Ms.Warunjikar, learned Counsel for the Appellant, would submit

that the Tribunal failed to consider that a First Information Report

avk 1/2

23-FA-471-2023.doc

(FIR) has been lodged against the deceased for negligence, and despite

that, the compensation under Section 163-A of the M. V. Act has been

awarded. Ms.Warunjikar informs that Mr.Bohade, who appears for

Respondent-claimants, has also filed compilation of documents in the

matter.

3. Having heard the learned Counsel and having perused the

application and considering that this is an Appeal against order under

Section 163-A of the M. V. Act, in my view, interests of justice would be

served if the Appeal is finally disposed at the stage of admission.

4. Registry is directed to expeditiously call for the Record and

Proceedings by the next date.

5. List on 20th September 2023.

                                         (ABHAY AHUJA, J.)




 avk                                                                      2/2