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2022 Supreme(SC) 706

HEMANT GUPTA, VIKRAM NATH
Janabai Wd/o Dinkarrao Ghorpade – Appellant
Versus
I. C. I. C. I. Lambord Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Atul Babasaheb Dakh, AOR
For the Respondent(s): Ms. Sakshi Mittal, AOR

JUDGMENT :

HEMANT GUPTA, J.

1. The legal heirs of deceased Dinkar Shankarrao Ghorpade are in appeal against an order passed by the High Court of Judicature at Bombay on 14.12.2018 whereby, the award passed by the Motor Accident Claims Tribunal awarding a sum of Rs.8,90,000/-along with interest @7% p.a. was set aside.

2. The deceased was driving motorcycle bearing No. MH-20/AD-956 on 1.6.2007 when Maruti-800 Car bearing No. MH-41/C-1777 came from the opposite direction and dashed into the motorcycle of the deceased as per the appellants. The deceased and appellant No. 1 received serious injuries. The deceased was thus admitted in a Government Hospital (Ghati Hospital). On 2.6.2007, the deceased was shifted to Kamal Nayan Bajaj Hospital but he died on 25.6.2007. The cause of death was head injury.

3. Appellant No. 1 lodged a complaint on 2.7.2007 where an FIR was registered against unknown vehicle and unknown driver. It was on 20.8.2007, the registration of the offending vehicle and the names of the driver and the owner of the vehicle were informed. Thereafter, the Police started its

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