MAHESH HARSUKHALAL DHURUVA Vs. VISHAL JHUNJHUNWALAL

JUDGEMENT

(1.) This Appeal has been filed under Sec. 173 of the Motor Vehicles Act, 1988 (the "M.V. Act") challenging the judgment and award dtd. 16/8/2004 passed by the Motor Accident claims Tribunal, Mumbai in Application No.2405 of 1995 partly allowing the Application with proportionate costs and further ordering the original owner of the offending vehicle and the Insurance Company to jointly and severally pay Rs.1,40,000.00 to the first Appellant along with interest at the rate of 6%.

(2.) The Appeal was admitted on 16/1/2007 and the hearing was expedited.

(3.) The brief facts are that on 24/3/1995 at about 6.30 p.m. one Mr.Harsukhalal L. Dhuruva aged 65 years, a business partner of Arun Enterprises and Arun Plastic Printer and commission agent, was crossing Peddar road from west to east after coming from Nalanda society along with his nephew and going to his office at Masjid Bunder. After crossing half of the road, Mr.Harsukhalal Dhuruva and his nephew came on to the divider and just when Mr.Harsukhalal Dhuruva had taken one step on to the road towards the eastern half, one car came from the side of the Mahalaxmi temple at a very high speed and gave a dash to Mr.Harsukhalal from the right side of the bonnet of the said vehicle bearing No.MGA 8452, such that Mr.Harsukhalal was thrown 20 feet away. Thereafter, one traffic police-man, who was standing at some distance, came running and some people also rushed to the spot whereafter Mr.Harsukhalal Dhuruva was taken to the nearby Jaslok Hospital by the same offending car which had stopped after the accident at a distance. On 30/3/1995 while undergoing the treatment at the Jaslok hospital, Mr.Harsukhalal Dhuruva succumbed to his injuries.