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2022 Supreme(SC) 1811

HEMANT GUPTA, VIKRAM NATH
Anjana Narayan Kamble – Appellant
Versus
Branch Manager, Reliance General Insurance Company Limited – Respondent


Advocates Appeared:
Mr. Yatin M. Jagtap, Advocate, Mandata Graurl, Advocate, Mr. Prashant Chaudhari, Advocate, Mr. Sunil Sharma, Advocate, Mr. Wasi Haider, Advocate, for the Appellant; Mr. Vishnu Mehra, Advocate, Ms. Sakshi Mittal, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. The wife of the deceased Narayan Kamble is in appeal before this Court against the judgment and order passed by the High Court of Judicature at Bombay in First Appeal (ST) No. 26961 of 2017. The High Court modified the Award dated 30.11.2016 passed by the Motor Accident Claims Tribunal, Baramati, Pune, Maharashtra.

3. The Motor Accident Claims Tribunal, Baramati, Pune, awarded a sum of Rs. 51,65,500/- along with interest @ 9% Per Annum from the date of the claim till realization. The Appellant was satisfied with the amount awarded by the Motor Accident Claims Tribunal, but the amount of compensation was reduced by the High Court in the appeal filed by the Insurance Company.

4. Narayan Kamble (since deceased), the husband of the appellant met with an accident on 11.08.2012 with an offending Truck bearing Registration No. MH-42/B-9759, when he was riding a Motor Cycle bearing Registration No. MH-42/V-5013. The deceased was not wearing a helmet and was driving the Motor Cycle with two other pillion riders.

5. The Insurance Company (Respondent herein) filed an appeal before the High Court. In the appeal, the deceased was held responsible for contributory negligenc

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