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2019 Supreme(Bom) 1425

VIBHA KANKANWADI
Royal Sundaram Alliance Insurance Co Ltd – Appellant
Versus
Chandrakala Ashok Kadam – Respondent


Advocates Appeared:
A.S. Deshpande, Adv., S.S. Chapalgaonkar, Adv.

JUDGMENT :

Vibha Kankanwadi, J.

Present appeal has been filed by original respondent No.2-the insurance company challenging the Judgment and Award passed in M.A.C.P. No.518/2011 by learned Chairman, Motor Accident Claims Tribunal, Aurangabad dated 31.03.2015, thereby the petition under Section 163-A of the Motor Vehicles Act, 1988 filed by the present respondent No.1 came to be allowed.

2. The original claimant had come with a case that one Prashant @ Gajanan Ashok Kadam was driving car bearing No.MH 20/BT-5515 towards Aurangabad. One Kashinath Darade was the regular driver of car, however, as he had chest pain, he was sleeping at the back seat of the car. Original respondent No.1 is the owner of said car, who is the father of Prashant @ Gajanan. When the car reached near spot at about 4.00 a.m. on 20.12.2010, due to the bright lights of the opposite vehicle Prashant could not see the road and the car gave dash to a rock, by the side of the road. Prashant died on the spot. Khultabad police had registered crime against him. The car was duly insured with respondent No.2 on the date of the accident. Petitioner is the mother of said deceased Prashant. Prashant was student of B.A. IInd yea

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