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2016 Supreme(Bom) 1822

R.M.SAVANT
United India Insurance Company Ltd. – Appellant
Versus
Sunita Sanjay Gujar – Respondent


Advocates Appeared:
For the Appellants :Mr. Ketan Joshi, Advocate.
For the Respondents:Mr. D.S. Joshi, advocate.

JUDGMENT :

R.M. Savant, J.

Admit. Considering the challenge raised heard forthwith.

2. The above First Appeal challenges the judgment and order dated 18.04.2015 passed by the Additional Member, Motor Accident Claims Tribunal, Pune (For short “MACT”), by which order, M.A.C.P. No. 217 of 2006 came to be allowed and the Respondent Nos. 1 to 3 herein were awarded total compensation in the sum of Rs.11,38,000/-.

3. The facts giving rise to the filing of the above First Appeal can in brief be stated thus :

The Respondent Nos. 1 to 3 herein are the original Applicants in the said M.A.C.P. No. 217 of 2006. They are the wife and children of the deceased one Sanjay Gujar who died in the accident which took place on 28.12.2004. The said Sanjay Gujar was riding a Hero Honda motorcycle bearing No. MH12M4974 on 28.12.2004 at about 12.40 p.m. when he reached the Mumbai Pune road opposite to Nigdi Jakat Naka within the limits of Dehuroad Police Station, Taluka Haveli, District Pune, one Minidor Auto Rikshaw bearing No. MH12UA3159 owned by the Respondent No.6 herein gave a dash to Sanjay Gujar. The Minidor Auto Rikshaw was being driven by Jagdish Swami i.e. Respondent No.7 herein and was insured with th
























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