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2013 Supreme(Bom) 1678

A.P.BHANGALE
Reliance General Insurance Co. Ltd. – Appellant
Versus
Satish Bhaidas Patil – Respondent


Advocates Appeared:
For the Appellant:D.R. Mahadik h/f S.R. Singh, Advocates.
For the Respondents:R1 & R2, A.M. Gokhale, R3, Ms. Tanu Khattri, Advocates.

Judgment :

Heard submissions at the bar after the appeal is taken up for hearing, by consent.

2. The appeal is directed against the oral judgment and award dated 23/6/2011 decided by the learned Member, MACT, Kalyan, whereby the learned Member awarded sum of Rs.3,22,000/- to the respondents (claimants) in claim application preferred u/s 163A of the Motor Vehicles Act, holding appellant and owner of the offending motor vehicle jeep no . MH-04-/DB/8243 jointly and severally liable to pay compensation in the sum of Rs 3,22,000/- along with interest @ 7.5% per annum from the date of filing of the application.

3. The facts briefly mentioned are as under:

On 31/12/2007 at about 9 p.m. victim Ajit Satish Patil, aged about 20 years, accompanied with his friend, was driving his motorcycle bearing registration No. MH-4-AV-1800. At about 9.35 p.m. one jeep bearing registration No. MH-04-DB-8243 came from opposite direction in high and excessive speed, when motorcycle was near Cherpoli Ghat on Mumbai-Agra Highway Road, Shahapur. It had dashed the motorcycle, as a result the victim as well as pillion rider, who was accompanying with the victim fell down. The victim had sustained serious injur


















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