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2019 Supreme(Bom) 1222

VIBHA KANKANWADI
New India Assurance Company Ltd. – Appellant
Versus
Shrikant Rohidas Ghodke – Respondent


Advocates Appeared:
For the Appellant :Mr. S.G. Chapalgaonkar, Advocate
For the Respondent:Mr. N.C. Garud, Advocate, Mr. M.R. Khutwad, Advocate

JUDGMENT :

1. Present appeal has been filed by the original respondent No. 2 – insurance company challenging the judgment and award passed by Learned Motor Accident Claims Tribunal, Ahmednagar, in Motor Accident Claims Petition No. 121 of 2013 dt. 30-11-2017; whereby said petition filed under Section 166 of Motor Vehicles Act, 1988 by present respondent No. 1 came to be partly allowed against it.

2. Original claimant had come with a case that he was 26 year old person, serving in a private company and earning Rs.10,000/- p.m. He was proceeding with his friend on motorcycle bearing No. MH-16-AU-8091 from Nagapur MIDC to Pathardi to attend Higher Secondary examination on 19-03-2012. His friend was driving the motorcycle and he was pillion rider. When they reached Karanji Ghat around 9.00 a. m., one Tanker bearing No. MH-12-CH-2435 came from opposite direction in negligent manner. The Tanker came to its wrong side and gave dash to the motorcycle. As a result of which, claimant sustained serious injuries to his leg and other parts of the body. He was admitted to Patil Hospital from 19-03-2012 to 07-04-2012. His right leg was required to be amputated below knee. He has thus, suffered perm

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