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2013 Supreme(Bom) 2474

A.P.BHANGALE
JC-73562 (Hon. Captain) K. Gangadharan – Appellant
Versus
National Insurance Company Limited – Respondent


Advocates appeared:
For the Appellant:Ms Suman Chokhare, Advocate.
For the Respondents:R1, B.B. Raipure, Advocate, R2, Served.

Judgment

1. The claimant/appellant is aggrieved by the judgment and award dated 7th January 2003 delivered by learned Member, Motor Accident Claims Tribunal, Nagpur in claim petition no. 677 of 1995 whereby Award was passed in favour of the claimant in the sum of Rs. 1 lakh only inclusive of no-fault liability together with interest at the rate of 9 per cent per annum from the date of petition till realization.

2. It is contended on behalf of the claimant that motor vehicle accident had occurred on 7th December 1991 at Nagpur Kamptee Road opposite Hotel Sangril at Kamptee when claimant was traveling by military van towards Kamptee. When the van was on Nagpur-Bhandara Road at Kamptee, offending truck bearing No. MTG-8430 gave forcible dash to the military van as a result of which claimant had suffered permanent disability to the extent of 60%. Thus, claimant had claimed compensation before the Tribunal on the ground that he suffered damages to the tune of Rs. 3 lacs as he remained in hospital at Kamptee as well as Military Hospital at Pune due to his permanent physical disability arising out of accident. Applicant-claimant also lost opportunities of promotion and consequent increases







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