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2016 Supreme(Bom) 1867

S.B.SHUKRE
National Insurance Company Limited – Appellant
Versus
Sharda wd/o. Raju Waghmare – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Smt. Gauri Venkatraman, Advocate.
For the Respondent:Shri R.N. Ghuge, Advocate.

JUDGMENT

S.B. Shukre, J.

Heard. Admit. Heard finally by consent.

2. This is an appeal preferred against the judgment and order dated 15.11.2014, delivered in M.A.C.P No. 198/2011 by the Member, Motor Accident Claims Tribunal, Buldana.

3. A Claim Petition under Section 166 of the Motor Vehicles Act (in short, "MV Act") was filed by the respondent Nos.1 to 5 against the appellant and deceased respondent No.6, who were respectively insurer and owner of the motorcycle bearing Registration No MH21AC7039, which was found by the Tribunal to be the vehicle solely responsible for causing of the accident in which husband of respondent No.1, father of respondent Nos.2 and 3 and son of respondent Nos.4 and 5 died. These respondents claimed compensation of Rs.9,00,000/from the appellant and respondent No.6.

4. It was alleged that on 6.5.2011, deceased Raju was proceeding on his motorcycle bearing registration No.MH28B8007 on Singaon Road when another motorcycle came from opposite direction and suddenly gave a severe dash to the motorcycle of the deceased. Resultantly, the deceased fell down on the road and sustained head injuries. It appears that he was lying at the spot of accident for quite some t































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