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2019 Supreme(Bom) 1523

VIBHA KANKANWADI
Supdu Sardar Tadvi – Appellant
Versus
New India Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
M.M. Bhokarikar, Adv., A.G. Kanade, Adv., B.K. Patil, Adv.

JUDGMENT :

Vibha Kankanwadi, J.

Present appeal has been filed by the original claimant for the enhancement in the compensation granted by the learned Ex-Officio Member, Motor Accident Claims Tribunal, Jalgaon in M.A.C.P. No.425/2004 dated 24.11.2011.

2. The present appellant had filed said application under Section 166 of the Motor Vehicles Act, 1988 for getting compensation on account of the injuries sustained by him in vehicular accident. The claimant had come with a case that he was proceeding on motorcycle bearing No.MH 19/D-1088 from Bhusawal to Jalgaon on 02.05.2004. He reached on the highway near one Marble shop at about 7.00 p.m., at that time one passenger jeep bearing No.MH 19/J-1785 came rashly and negligently and gave dash to the motorcycle driven by claimant, as a result of which he sustained injuries. He was admitted to hospital of one Dr. Jadhav. He had undergone two operations and thereafter he has taken treatment from Dr. Lathi. He has also taken treatment from K.E.M. Hospital, Mumbai and J.J. Hospital, Mumbai. However, he has sustained permanent physical disability. He is unable to work as before. He was aged 48 at the time of accident and was working as a driver in

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