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2017 Supreme(Bom) 840

P.R.BORA
National Insurance Co. Ltd. – Appellant
Versus
Nandabai Wd/o Prakash alias Pralhad Dhumal – Respondent


Advocates Appeared:
For the Appellant :Mr. R.C. Bora, Adv. h/f. Mr. P.P. Bafna, Advocate
For the Respondent:Mr. S.V. Choudhari, Advocate

JUDGMENT :

1. Present appeal is filed against the Judgment and Award passed by the Motor Accident Claims Tribunal at Dhule in M.A.C.P. No.1176/2005, decided on 2nd of December, 2011.

2. The Claim Petitions wherein the involvement of the vehicle concerned is seriously disputed, what should be the approach of the Tribunal while appreciating the evidence in such matters is the issue for consideration in the present appeal.

3. The present respondent nos. 1 to 3 (hereinafter referred to as 'claimants') had filed the aforesaid petition claiming compensation on account of death of one Prakash @ Pralhad Dhumal, alleging that he died in a vehicular accident happened on 1st of April, 2005, having involvement of a truck bearing registration No. MTS 7030. It was the case of the claimants before the Tribunal that on the date of accident, deceased was proceeding towards village Avdhan, on his Scooter bearing registration MH-18-A-1528 and while he was so proceeding, he was dashed by a truck bearing registration No. MTS 7030, coming from the opposite direction in a high speed. It was the further contention of the claimants that the alleged accident happened because of the rash and negligent driving








































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