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2014 Supreme(Bom) 1318

T.V.NALAWADE
New India Assurance Company Ltd. , having its Divisional office at Adalat Road – Appellant
Versus
Lilabai Shrimant Misal – Respondent


Advocates appeared:
Shri. Ajit B. Kadethankar, Advocate, for appellant.
Shri. R.V. Gore, Advocate, for respondent Nos.1 and 2.
Shri. Amit K. Chitnis, Advocate, for respondent No.4.

Judgment :

1. Admit.

2. Notice after admission made returnable forthwith. Heard both the sides for final disposal.

3. The appeal is filed against the judgment and award of MACP No.256 of 2010 which was pending before the Claims Tribunal, Jalna. The petition filed by present respondent Nos.1 to 3 under section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") is allowed and the compensation of Rs.7.5 lakh with interest at the rate of 7.5% per annum is granted by the Tribunal and the Insurance Company is made liable jointly and severally to pay the amount of compensation along with the owner.

4. The petition was filed in respect of death of Shrimant Misal, who was husband of respondent No.1. Respondent No.2 is minor son of deceased and respondent No.3 is widowed mother of the deceased.

5. It is the case of the claimants that the deceased and his two colleagues had taken a Toyoto Qualis jeep bearing No.MH-15-A-9349 on hire basis from the owner and they were proceeding to Jalna. This jeep allegedly collided with one unknown vehicle at 10 to 11 p.m. near Pulgaon. Shrimant died in the incident. It is contended by the claimants that the accident took place due to fa















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