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2015 Supreme(Bom) 1947

R.K.DESHPANDE
Oriental Insurance Company – Appellant
Versus
Jaibunbi – Respondent


Advocates:
Advocate Appeared:
Shri D.N. Kukday, Advocate for Appellant

JUDGMENT :

1] In the Claim Petition No.575 of 2002 filed under Section 166 of the Motor Vehicles Act, the Motor Accident Claims Tribunal at Nagpur has passed an award on 27.03.2003, in favour of the dependents of the deceased namely Nazir Beg, for a compensation of Rs.3,25,150/with 9% interest from the date of filing of the petition and further at the rate of 12% per annum from the date of award till its realization, for failure to deposit the amount within a period of 45 days. The owner of the vehicle and the Insurance Company both are held liable jointly and severally, to pay the amount of compensation. The Tribunal has held that the deceased was working as a driver on the vehicle i.e. Tata Sumo bearing registration No.MH-31-H-5869 owned by the respondent No.2 and he died on 06.12.1997, as a result of the vehicle turning turtle. The Tribunal has held that the dependents of the deceased are entitled for compensation even though the deceased died because of his own negligence resulting in occurring of an accident. This appeal is by the Insurance Company only and not by the own























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