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2017 Supreme(Bom) 975

SHALINI PHANSALKAR JOSHI
National Insurance Company Ltd. , Nagpur – Appellant
Versus
Veena wd/o Sanjay Dongre – Respondent


Advocates Appeared:
For the Appellant :Shri. D. N. Kukday, Advocate
For the Respondent:Shri. S.V. Sirpurkar, Advocate

JUDGMENT :

By its Judgment and Order dated 22.8.2005 passed in Claim Petition No. 230 of 2001, the Motor Accident Claims Tribunal, Nagpur held the appellant Insurance Company jointly and severally liable to pay compensation of Rs.11,03,000/- to the respondents with future interest @ 8% per annum from the date of petition till realization, with further directions that the appellant was to satisfy the Award first and then to recover the amount from the owner, in execution proceeding.

2. Being aggrieved by this Order and Judgment, the appellant-Insurance Company has preferred this appeal.

3. Brief facts of the appeal can be stated as follows:

On 7.11.2000 deceased Sanjay was travelling in a Jeep No. MH35/C0206 at about 6.00 a.m. on National High No.6. When the jeep came near Birsi Phata, it gave dash to stationary truck bearing No. MP23/DA8977. Resultantly, deceased Sanjay, who was one of the occupants in the jeep, suffered fatal injuries and died on the spot. The offence was registered against respondent no.3, the jeep driver by Sakoli police station under Section 279, 304-A of the Indian Penal Code. The jeep was insured with the present appellant and it was owned by respondent no.6 Na



















































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