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2018 Supreme(Bom) 1245

A.M.DHAVALE
New India Insurance Company Ltd. – Appellant
Versus
Shobhabai W/o. Pandharinath Rathod – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.G. Chapalgaonkar
For the Respondents: Mr. Shrikishan S. Shinde

JUDGMENT :

1. Heard. Admit. With the consent of the parties, the appeal is taken up for final disposal at admission stage.

2. This is an Appeal by the Insurance Company in MACP No. 105/2011 by judgment dt. 12.12.2014. The ld. Member, MACT, Aurangabad, allowed the claim petition to the tune of Rs. 8,79,000/- with interest of 7.5% and fastened the liability on all the respondents. Being aggrieved, the Insurance Company has preferred this Appeal.

3. As per the claim petition, on 26.03.2009 at 05:00 p.m., deceased Pandharinath was proceeding from his office at Garkheda, Tq. Khultabai, for darshan of Lord Bhadra Maruti. He was on his bike and his two friends were going on another bike. When they reached Khultabad T-point, truck bearing No. GJ-25-T-5050 belonging to respondent No. 8 driven by respondent No. 7 rashly and negligently gave dash to the bike from rear side. As a result, Pandharinath sustained multiple injuries and then he was brought to the Civil Hospital (Ghati) at Aurangabad where he was declared dead. Crime was registered at C.R. No. I-444/2009 for offences u/s 279 & 304A of the Indian Penal Code and u/s 134 of the Motor Vehicle Act. The claimants claim that, Pandharinath was







































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