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2018 Supreme(Bom) 1251

A.M.DHAVALE
United India Assurance Company Ltd. – Appellant
Versus
Manjusha W/o Bhaskarrao Patki – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.S. Rathi
For the Respondents: Mr. V.P. Golewar

JUDGMENT :

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

2. Can legal heirs of a driver, who was brother of the owner and who met with an accidental death without involvement of any other vehicle would be entitled for compensation from the Insurance Company under comprehensive policy? is the question raised in this appeal. The facts are not very much in dispute.

3. Deceased-Bhaskar is brother of original respondent No. 1 – Nandkishor, who was owner of Maruti Car bearing No. MH20/H1545. On 29.04.2006, both the brothers along with their wives were returning from Tuljapur to Hingoli in the car. The deceased was driving the car while the owner was sitting by the side. Claimant No. 1 wife of the deceased was also in the car. When they reached about 18 kms. away from Tuljapur, it is claimed that there was sudden puncture of the back wheel. Thereafter, the car turned turtle and deceased Bhaskar sustained injuries to head. As a result thereof, he died on the spot. The accident was reported by the brother of the deceased respondent No. 1 – Nandkishor at the concerned Police Station. Some of the contents of the FIR were alleged t



































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