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2010 Supreme(Bom) 1030

A.P.BHANGALE
National Insurance Co. Ltd. – Appellant
Versus
Vishnu Motiram Maske – Respondent


Advocates Appeared:
Mr. W. G. PAUNIKAR, Advocate for Appellant. Mr. S. D. CHANDE, Adv. for Respondent No.1.

JUDGMENT:- These Appeals have challenged (i) the judgment and award dated 3.10.2008 in MACP No.189/2006 ; (ii) the judgment and award dated 6.10.2008 in MACP No.188/2006; and, (iii) the judgment and award dated 4.10.2008 in MACP No.140/2006 passed by the learned Member, Motor Accident Claims Tribunal at Washim (in short "the Tribunal") in Claim Petitions filed under section 163 of the Motor Vehicles Act, 1988 (in short "the said Act").

2. Facts briefly mentioned are:

In an accident which occurred on 17.3.2006 in the morning near Ansing Chowk in Washim Division of District Akola, while motor cycle No.MH-37-9302 driven by Vishnu Maske from Wai to Ansing by which Gajanan Napte and Sayali, young girl aged 13 years, were also riding, were forcefully dashed by Tata Sumo vehicle No.MH-29-L-613 driven rashly and negligently and in a breakneck speed, resulting in death of Sayali, aged about 13 years and permanent disability to motor cyclist Vishnu Mhaske, aged 22 years and Gajanan Napte, aged 21 years.

3. The Tribunal awarded compensation as below :(i) To Gajanan Vasantrao Napte, a sum of Rs.70,000/- with interest at the rate of 6 per cent per annum with effect from 14.8.2006 till payment;

(ii)









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