Mr. Sheshnath Ramanarayan Dubey ... vs Best Undertaking
2023 Latest Caselaw 5529 Bom

                                                              14-FA-615-2021.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO.615 OF 2021

 MR. SHESHNATH RAMANARAYAN DUBEY                       )
 AND OTHERS                                            )...APPELLANTS

          V/s.

 BEST UNDERTAKING                                      )...RESPONDENT


 Ms.Varsha Chavan, Advocate for the Appellants.
 Ms.Karishma Jhaveri i/b. Navdeep Vora Associates, Advocate for
 the Respondent.


                               CORAM     :    ABHAY AHUJA, J.

                               DATE      :    13th JUNE 2023

 P.C. :



 1.       This is an Appeal impugning the judgment and award dated

 23rd February 2016 passed by the Motor Accident Claims Tribunal,

 Mumbai in Motor Accident Claim Petition No.1502 of 2013

 seeking enhancement of compensation.




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                                                                  14-FA-615-2021.doc




 2.       Learned Counsel for Appellants would submit that deceased

 was a taxi driver by profession, who was hit by a BEST bus while

 he was a pedestrian. She would submit that although the decisions

 of the Hon'ble Apex Court in the case of National Insurance

 Company Limited vs Pranay Sethi and Others1 and Sarla Verma

 and Others vs. Delhi Transport Corporation and Another 2

 mandates Rs.40,000/- each to each of the claimants, the

 impugned decision has awarded none. She also submits that there

 is also dispute as to the amount of earning that has been worked

 out by the Tribunal, as a taxi driver does not only work for twenty

 days and he has to work everyday.



 3.       Having heard the learned Counsel and having perused the

 grounds of Appeal, the following order is passed :

                                         ORDER

(i) Admit.

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

a period of four weeks.

 1    AIR 2017 SC 5157
 2    (2009) 6 Supreme Court Cases 121

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                                                          14-FA-615-2021.doc

(iii) Let private paper book be filed within a period of four weeks

thereafter.

(iv) List the Appeal on 9th August 2023, subject to removal of all

office objections.

                                   (ABHAY AHUJA, J.)




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