MRS. VASANTI SATISH JOSHI AND ANR. vs THE THANE MUNICIPAL TRANSPORT CORPORATION

Judgment text excerpt

2026:BHC-AS:16831 Sayyed 8-FA.1371.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1371 OF 2016 1. Vasanti Satish Joshi 2. Kirti Satish Joshi Both are R/at: B-15, 4th Floor, Vandana Co-Operative Hsg. Sy. Opp. Forest Conservation office Dist. Thane (W) – 400 602 ...Appellants (Original claimants) Versus The Thane Municipal Transport Corporation having office at Panchpakhadi Almeda Road Thane (W). (New Address – Administrative Bldg. Road no.16 & 22 Wagle Depo Wagle-Estate Dist. Thane (W) ...Respondent (Original Opp. Party) _____________________________________________________ Ms. Varsha Chavan for the Appellants. Mr. Anand S. Kulkarni for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 8 APRIL 2026 JUDGMENT: 1. This appeal is filed by the original claimants, to challenge an order dated 21 April 2016 passed by the Motor Accident Claims Tribunal, Thane (MACT), for enhancement of compensation on various grounds. 2. By consent of the parties, the appeal is taken for hearing finally. 1 of 6 Sayyed 8-FA.1371.2016.doc 3. On 9 November 2012, Mr. Satish Joshi who was suffering from parkinson disease and was also partially paralytic, met with an accident while crossing road near Aradhana Talkies, Naupada, Thane. Mr. Joshi expired on 16 March 2013. Prior to his death, he was engaged in the vocation as a priest in a temple. The accident happened at around 6:50 p.m. He was knocked down by the bus belonging to Thane Municipal Transport Corporation (TMTC). 4. The dependents made an application to the MACT for compensation. MACT vide its order dated 21 April 2016 awarded compensation of Rs.13,23,000/- alongwith interest @ 8% per annum. Being aggrieved by the said order, the original cla