LAWS(BOM)-2022-4-140

AKARAM JADHAV Vs. JAYESH ASHOK NAIK

Decided On April 28, 2022
Akaram Jadhav Appellant
V/S
Jayesh Ashok Naik Respondents

JUDGEMENT

(1.) Heard Mr. C. A. Coutinho for the appellant and Mr. U. R. Timble for respondent no.6.

(2.) Mr. Coutinho submits that all the respondents in this matter have been duly served. Since the accident, in this case, took place on 24/12/2011, there is no point in adjourning this matter any further.

(3.) The appellants-claimants, i.e., the parents, wife, and three minor daughters, then aged 4, 2, and 1, respectively, of late Jalander Jadhav, challenge the impugned judgment and award dtd. 13/2/2015 by which the Motor Accident Claims Tribunal (Tribunal) determined compensation payable to them at Rs.30,18,000.00 but dismissed the claim petition on the specious plea that the claimants failed to establish rashness and negligence on the part of the respondent no.2, i.e., the driver of the tipper truck bearing registration no.GA-09-U-0257.