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2017 Supreme(Bom) 2008

K.K.SONAWANE
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Deoram S/o Shivram Jadhav – Respondent


Advocates Appeared:
For the Appellant :Mr. Mohit Deshukh, learned counsel holding for Mr. S.G. Chapalgaonkar, Advocate.
For the Respondent:Mr. P.F. Patni, Advocate.

JUDGMENT :

1. This appeal takes exception to the Judgment and Award dated 27-01-2014 passed by the Member, Motor Accident Claims Tribunal, Aurangabad (for short “Tribunal”), in Motor Accident Claim Petition No. 292 of 2010. The appellant is the Insurance Company and insurer of the offending vehicle involved in the accident.

2. Factual matrix of the matter in brief is that, on the fateful day of mishap i.e. on 03-07-2010 deceased Amrut s/o Deoram Jadhav was standing in Nakshatrawadi locality, aside the road leading from Aurangabad - Paithan. But, it had something different in store for him. Suddenly, the vehicle truck bearing No. CG-04-G-8077 arrived at the spot speedily and gave dash to the deceased Amrut. The driver of the vehicle was driving the vehicle in a very excessive speed as well as in rash and negligent manner. The deceased Amrut received fatal injures and breathed his last on the spot of incident itself. He was immediately escorted to the Hospital, but concerned Doctor on duty declared him dead. First Information Report of the incident came to be lodged, pursuant to which, a Crime No. I-49-2010 was registered against driver of the offending vehicle involved in the accident






































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