The Maharashtra State Road ... vs Smt. Gangubai Fakira Mali And Ors
2023 Latest Caselaw 6999 Bom

                                                                          17.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.230 OF 2021

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

          V/s.

 SMT. GANGUBAI FAKIRA MALI AND ORS.                         )...RESPONDENTS

 Mr.Aniket Nangare i/b. Mr.N.V.Bhutekar, Advocate for the Appellant.


                                   CORAM      :    ABHAY AHUJA, J.

                                   DATE       :    13th JULY 2023

 P.C. :


 1.       This Appeal is preferred by the Maharashtra State Road

 Transport Corporation impugning the judgment and award dated 2 nd

 March 2019 passed by the Motor Accident Claims Tribunal, Nashik in

 Motor Accident Claim Petition No.928 of 2017.


 2.       Mr.Aniket Nangare holding for Mr.N.V.Bhutekar, learned Counsel

 for the Appellant-Corporation submits that the Tribunal has failed to

 consider the spot panchnama which clearly demonstrates that it was

 the deceased who came and dashed the Corporation's ST Bus from the

 front, as recorded in the spot panchnama.


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 3.       Having heard the learned Counsel and having perused the

 grounds and the impugned decision, the following order is passed :

                                      ORDER

 (i)      Admit.

 (ii)     Registry is directed to call for Record and Proceedings by the

          next date.

 (iii)    Compilation of documents also be filed by the Appellant by the

          next date.

 (iv)     Let legible copy of the compilation of documents be filed by the

          Respondents.

 (v)      List on 18th August 2023.



                                         (ABHAY AHUJA, J.)




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