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2014 Supreme(Bom) 807

M.T.JOSHI
Oriental Insurance Co. Ltd. , Through its Divisional Manager – Appellant
Versus
Babulal – Respondent


Advocates appeared:
For the Appellant:Dhananjay Deshpande, Advocate.
For the Respondents: R1 & R2, A.P. Bhandari, R4, None.

Judgment :

1. Heard both sides.

2. Aggrieved by the direction to pay compensation in a Motor Accident Claim Petition, the original respondent no.3 i.e. the insurer of the truck has preferred the present appeal.

3. Present respondent nos.1 and 2 i.e. the parents of the deceased Santoshkumar had filed the claim petition. They pleaded that on 10/2/1995 while deceased Santoshkumar was proceeding by his scooter bearing no.MH-20-G-4742 to Nawabpura area from CIDCO by Jalna Road in Aurangabad city, at that time, near Seven Hill "T" point, a goods truck bearing registration no. MRL-2007 gave dash to the said scooter. The accident had occurred due to the high speed of the truck as the truck driver i.e. the present respondent no.4-Dharmaji was driving the truck in rash and negligent manner.

4. As regards the quantum of compensation, the claimants submitted that the deceased was only 25 years old at the time of his untimely death. He was initially working with M/s. Vishnu Vijay Packages Pvt. Ltd. as an Accountant and thereafter he was given promotion as Accounts Officer and he was drawing salary of Rs.55000/-per year. Besides the salary, he also used to get bonus and other benefits. Besides


































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