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2012 Supreme(Bom) 398

M.T.JOSHI
Divisional Manager, United India Insurance Company Ltd. – Appellant
Versus
Sharad S/o Asaram Jaiswal – Respondent


Advocates Appeared:
For the Appellant:V.R. Mundada, Advocate.
For the Respondents:R.A. Tambe, Advocate.

Judgment

Heard learned counsel for the parties.

2. Admit.

3. With the consent of the learned counsel for the parties, the matter is taken up for final hearing at the admission stage itself.

4. Aggrieved by the award to pay compensation of Rs.1,00,000/-to the present respondent Nos.1 to 3 original claimants, the appellant-original respondent No.2 i.e. Insurance Company has filed present appeal.

5. The deceased Sushilabai W/o Asaramji Jaiswal, a old lady died in the motor vehicular accident that had occurred on 20.10.2007 at about 6.00 p.m. in front of Sidheshwar Temple, in the Aurangabad City. Her sister-in-law Heerabai Jaiswal filed the complaint on the next day. In the complaint, she has recited that while the deceased, along with complainant was proceeding on the road, a motorcycle bearing registration No.MH-23/9807 driven by one Mohsin Qureshi S/o Abdul Qureshi, resident of Baijipura, Aurangabad, had dashed the lady, resulting into her death. She has specifically recited that since the motorcycle driver is resident of Baijipura area, Aurangabad, she was well acquainted with him. Thereafter, her supplementary statement (Exhibit-31) came to be recoded. The certified copy of the sa


















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