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2018 Supreme(Bom) 2189

SUNIL K.KOTWAL
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Bhimrao – Respondent


Advocates Appeared:
For the Appellant : S.G. Chapalgaonkar.
For the Respondents: A.S. Barlota and U.B. Bilolikar.

JUDGMENT :

Sunil K. Kotwal, J.

1. This appeal is directed by the insurance company against the judgment and award, passed by the Motor Accident Claims Tribunal, Nanded, in Motor Accident Claim Petition No.551 of 2009, where compensation of Rs.1085950/- was granted under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as, "the MV Act").

2. Respondent Nos.1 to 3 are original claimants and Respondent No.4 is original respondent No.1 in claim petition.

3. The parties hereinafter are referred as per their original status in claim petition.

4. Facts, leading to the institution of this appeal are that deceased Sharda was the wife of claimant No. 1 and mother of claimant Nos. 2 and 3. On 12.4.2009 at about 7 to 7.30 p.m. the deceased was proceeding towards Nanded from Loha, as pillion rider on the motor cycle driven by Ananda Babarao Mate. When they reached to Harsad Pati, the tractor No. MH26/K6534, attached with trolley, dashed against the motor cycle. In the result, deceased sustained injuries, which resulted into her death. Therefore, the claimants filed Motor Acc

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