LAWS(BOM)-2017-7-145

SETH CONSTRUCTION COMPANY, THROUGH SHRI RAJKUMAR S/O BHURKAN DONGRE, AGED ABOUT 37 YEARS, OCCU: CONTRACTOR, BAIRAMJI ROAD, IN FRONT OF POONAM CHAMBERS, NAGPUR 24 Vs. SHRI RAMCHANDRA S/O PURNACHANDRA KALE, AGED 60 YEARS, OCCU: RETIRED & ORS.

Decided On July 12, 2017
Seth Construction Company, Through Shri Rajkumar S/O Bhurkan Dongre, Aged About 37 Years, Occu: Contractor, Bairamji Road, In Front Of Poonam Chambers, Nagpur 24 Appellant
V/S
Shri Ramchandra S/O Purnachandra Kale, Aged 60 Years, Occu: Retired And Ors. Respondents

JUDGEMENT

(1.) This appeal raises an interesting question of law as to whether the concrete mixture machine can be called as "motor vehicle" within the meaning of section 2(28) of the Motor Vehicles Act, 1988 (hereinafter will be referred to as "Act" for convenience).

(2.) Appeal is directed against the judgment and award passed on 27/01/2014 by M.A.C.T. Nagpur in Claim Petition No. 896/2005, thereby directing the appellant, who is the owner of the concrete mixture machine to pay the compensation of Rs.6,27,000.00 to the respondent nos.1 and 2, who are the parents of deceased Harish, with interest at the rate of 7.5% per annum from the date of the order till its realization.

(3.) Brief facts of the appeal, can be stated as follows:-