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2010 Supreme(Bom) 1749

K.K.TATED
New India Assurance Co. Ltd. – Appellant
Versus
Kausalyabai Onkar Lahudkar – Respondent


Advocates Appeared:
For the Appellant:S.L. Kulkarni, Advocate.
For the Respondent: None.

Judgment

Heard the learned Counsel for the appellant. No one appeared for the respondents.

2. Present appeal is preferred by the original opponent No. 3 Insurance Company against the judgment and award dated 15-03-1996 passed by the Motor Accident Claims Tribunal, Ahmednagar in Motor Accident Claims Petition No. 140 of 1989. The respondents original claimants filed application before the Motor Accident Claims Tribunal claiming compensation of Rs.1,50,000/-. The respondents original claimants are legal representatives/legal heirs parents and brother of the deceased Vilas Onkar Lahudkar. The deceased was working as cleaner on Tempo of Ashokkumar Purohit. He was getting Rs.700/- per month. He used to pay Rs.400/- per month to his family for household expenses. The deceased was the sole person who was managing the entire family. On 26-12-1988 the deceased came from Baramati and was going towards Aurangabad alongwith tempo. After crossing Pandharipul, one bulb of head lamp of tempo became short. Therefore, the driver of the tempo asked the deceased to replace the same. For replacement of the said lamp, driver stopped the tempo at the left side of the road. After replacing the bulb, the














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