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2008 Supreme(Bom) 289

C.L.PANGARKAR
United India Insurance Co. Ltd. – Appellant
Versus
Suryakantabai wd/o Shalikram Patle – Respondent


Advocates appeared
Mr.H.V.Thakur,Advocate for the appellant.
Mr.V.D.Muley, Advocate for the respondents.

JUDGMENT:

1. This is an appeal by Insurance Company i.e. the Ori.respondent no.3.

2. The facts giving rise to the appeal can be narrated as follows -

3. The claimants/respondents are the heirs of deceased Dashrath Patle. They were solely dependent on him. Deceased Dashrath was 16 years old boy and was earning Rs.20/- per day by working as Hamal (coolie). On the date of the incident, he was working as a coolie on a Tractor owned by original respondent no.2 Laxman Baghale. The said Tractor was being driven by original respondent no.1 Sahasram. At the material time, the deceased was travelling in the said tractor, which was carrying building material etc. The driver was driving the vehicle very rashly and negligently, as a result of which the Trolly got detached from the Tractor. As a result of that, the Tractor met with an accident. Dashrath suffered injuries of which he died. The claimants, therefore, claimed compensation.

4. Respondent nos.1 and 2 though duly served did not file any written statement. The application was opposed by original respondent no.3 . Insurance Company i.e. the present appellant. The respondent denied that the monthly income of













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