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2007 Supreme(Bom) 421

N.V.DABHOLKAR, M.G.GAIKWAD
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
RANGLAL PUNJU NIKAM – Respondent


JUDGMENT

N.V. DABHOLKAR, J. :- This appeal under section 173 of Motor Vehicles Act, 1988 is directed against the judgment and award passed by the Member, Motor Accident Claims Tribunal, Jalgaon in M.A.C. Petition No. 194/2000. By the impugned judgment and award, the learned Member has granted compensation of Rs. 13,03,320/- to the claimant with interest at the rate of 6% p.a. from the date of petition (2-3-2000) till the date of actual payment or deposit in the Court. Original Respondents No.2 and 3 (owner and Insurance Company) are directed to satisfy the liability.

2. The present appeal being by Insurance Company, henceforth for the sake of convenience and brevity, we shall refer to the parties as claimant, owner and Insurance Company. Present respondent No. 1 was the petitioner before the Tribunal and he is the claimant/person injured in the accident in question. Present respondent No.3 is the owner of the vehicle involved in the accident which was insured with the appellant Insurance Company.

The accident in question took place on 19th August, 1997 at about 7.30 p.m. The claimant is a Lawyer by profession. At the material time, he was travelling along with Shri K.D. Patil, Chai







































































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