Maharashtra State Road Transport Corporation v. Smt. Bebi Gorakh Hol And ORS

1 fast19827-13.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO.19827 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.C.M.Lokesh i/b Mr.G.S.Hegde and Associates for the appellant Mr.Vaibhav Gaikwad for the respondent CORAM : K. K. TATED, J DATE : APRIL 10, 2019 P.C.:

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Heard.

By this First Appeal, appellant is challenging the judgment and award dated 11.3.2013 passd by MACT, Satara in MACP No.261 of 2011 holding that Respondent original Claimant are entitled sum of Rs.11.0 lacs by way of compensation with interest @ 8% p.a.

The learned counsel for the appellant submits that the Tribunal at the time of Mohite 1/2

1 fast19827-13.doc passing impugned judgment and award failed to consider the fact that there was contributory negligence. Not only that, the Tribunal has awarded compensation on the higher side.

Considering the submissions made by the learned counsel for the Appellant and the impugned judgement, following order is passed a. Admit.

b. The Appellant to file private paper book within two years from today, with copy to other side, failing which the First Appeal shall stand dismissed without further reference to the court.

c. Printing dispensed with.

d. Registry is directed to call R & P immediately.

(K.K.TATED, J.) Mohite 2/2