Shiamak Fali Marshal And Anr vs Mr. Munir Bashir Shaikh And Anr
2023 Latest Caselaw 7574 Bom

                                         1                        30 fa 712-23-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.712 OF 2023

 Shiamak Fali Marshall and anr.                  ... Appellants
      Vs.
 Munir Bashir Shaikh and anr.                    ... Respondents
                                             -------

 Ms.Varsha Chavan, Advocate for the Appellants.
 Ms.Ishita Bhole i/by Mr.S.S.Vidyarthi, Advocates for the Respondent No.2.

                                             -------

                            CORAM :     ABHAY AHUJA, J.

                            DATE :      31 JULY, 2023.


 P.C. :

1. This is an appeal filed by the original claimants seeking

enhancement of the compensation being aggrieved by the judgment and

award dated 17th December, 2013 passed by the Motor Accident Claims

Tribunal, Mumbai in Motor Accident Claim Application No.1733 of 2007.

2. Ms.Chavan, learned counsel for the Appellants would submit that

although the deceased was not driving the vehicle in which she was sitting

and it is the offending vehicle that applied unnecessary brakes due to

which the subject accident took place despite that the Tribunal has gone

Priya R. Soparkar 1 of 2

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ahead and held that the Appellant No.1 who was driver of the vehicle

in which the deceased was travelling contributed to an extent of 20% to

the accident. Learned counsel would further submit that since the

deceased was an Air Hostess and while she was on duty, she received

certain allowances, however no questions have been asked during the

examination /cross-examination with respect to the same and therefore,

the compensation granted would be enhanced, if such allowances are also

considered.

3. Having heard the learned counsel and having perused the impugned

order as well as the grounds, the following order is passed:-

(i) Admit

(ii) Registry is directed to call for record and proceedings within a period of four weeks.

(iii) Let private paper-book be filed within a period of four weeks thereafter with a copy to the other side.

4. List on 29th September, 2023 for final disposal subject to removal of

all office objections.

                                                    (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                     2 of 2