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2015 Supreme(Bom) 1224

A.P.BHANGALE
New India Assurance Company Limited – Appellant
Versus
Pramod – Respondent


Advocates:
Advocate Appeared:
Mr Gautam Chatterjee, Advocate for appellant
Mr P. R. Agrawal, Advocate for respondent no.1/org. Claimant

JUDGMENT :

1. This appeal is preferred against judgment and Award dated 19th April 2011 passed by the Member, Motor Accident Claims Tribunal, Amravati in Claim Petition No. 25 of 2005 whereby the learned Member of the Tribunal awarded a sum of Rs. 19,20,000/- payable to the claimant as compensation inclusive no-fault liability amount awarded under Section 140 of the Motor Vehicles Act together with interest @ 8% per annum from the date of claim petition till realization.

2. Brief facts are that, claimant – an engineering student while sitting pillion on the motorcycle (bearing registration number MH-31-AZ-5939) driven by one Prajwal More was dashed by a truck bearing registration number MH-31/AP-6855 coming from opposite direction. Due to the impact, petitioner and his friend were thrown away on the road. Claimant Pramod received grievous injuries on vital parts of his body and was rendered disable for almost hundred percent for pursing his education as engineering student in B. E. Part-II. As a result of accident, the claimant had to undergo medical treatment for various grievous injuries to his body. These injuries were described as under :

“I (i) depressed fracture of anterior wall











































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