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2019 Supreme(Bom) 1748

R.D.DHANUKA
New India Assurance Co. Ltd. – Appellant
Versus
Ashish Ravindra Kulkarni – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ketan Joshi, Advocate.
For the Respondents:Vishwanath S. Talkute, Advocate.

JUDGMENT :

1. By this First Appeal filed under Section 173 of Motor Vehicles Act, 1988, the appellant (original opponent no.3) has impugned the judgment and award dated 28th July, 2015 passed by the Motor Accident Claims Tribunal (MACT), Pune in Motor Accident Claim Petition (MACP) No. 130 of 2009, allowing the said claim petition filed by the respondent no.1 partly and directing the original appellant and respondent no.2 to pay jointly and severally compensation of Rs.5,95,000/- including the interim compensation awarded under Section 140 of the Motor Vehicles Act along with cost and interest @ 6% per annum from the date of petition till realization of entire amount to the respondent no.1 (original applicant). By consent of the appellant and the respondent no.1, who is contesting party, appeal is heard finally at the admission stage. Some of the relevant facts for the purpose of deciding this appeal are as under:-

2. It was the case of the respondent no.1 that he along with his family members were proceeding in Indica Car bearing registration no. TN-10-T- 6077 towards Pondicherry from Chennai. It was the case of the respondent no.1 that the driver of the said car was driving in slow

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