VISHALA SRIDHAR SHETTY and ORS. vs THE SECRETARY, MAH.STATE ROAD TRANSPORT CORPN.andANR

Judgment text excerpt

2-FA-1725-2002.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1725 OF 2002 1. Smt. Vishala Sridhar Shetty, Adult, Occ : Household 2. Manickya Sridhar Shetty 3. Kum. Deesha Sridhar Shetty Nos.2 and 3 minors, through their mother and natural guardian, Applicant No.1 abovenamed, All residing at Gangaram Bhoir Chawl, Village Digha, Thane Belapur Road, Taluka and District Thane. … Appellants Versus 1. The Secretary, Maharashtra State Road Transport Corporation 2. Smt. Bhavani Shetty, Adult, Occ : Household, Residing at Tillar Pari House, Udipi, Dakshin Kannada, State of Karnataka. … Respondents ………... Ms. Dhruti Datar instructed by Mr. Rajesh Datar, Advocate for the Appellants. Mrs. P.M. Bhansali alongwith Ms. Rajlaxmi Punjabi and Mr. Arafat Siddique, Advocate for the Respondents. ………... CORAM : ABHAY AHUJA, J. DATE : 5 MAY 2026 Kanchan Dhuri 1/20 2-FA-1725-2002.doc ORAL JUDGMENT : 1. Being aggrieved by the Judgment and Order dated 27 th April 2001 of the Motor Accident Claims Tribunal, Thane, this First Appeal has been preferred by the wife and two children of the deceased. 2. The deceased died in a motor accident on 27 th August 1991, while riding his motorcycle from Thane towards Thane-Belapur Road being knocked down by the S. T. Bus owned by the Respondent No.1- Corporation coming in a high and excessive speed from Thane to Turbhe. 3. Ms. Datar, learned Counsel, appearing for the Appellants submits that the accident occurred due to the rash and negligent driving of the driver of the S. T. Bus and despite the eyewitness/passenger accounts clearly showing that the S. T. Bus was being driven at a high and excessive speed and while overtaking, dashed the motorcycle ridden by the deceased, and despite recording a finding that the A