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2018 Supreme(Bom) 2961

N.W.SAMBRE
New India Assurance Co. Ltd. – Appellant
Versus
Rituja Maruti Kulmethe – Respondent


Advocates Appeared:
M.B. Joshi, counsel, for the Appellant; S.A. Dutonde, counsel, for the Respondent No. 2

ORDER

N.W. Sambre, J. - In claim petition No.306 of 2009 the Tribunal awarded compensation in response to the claim brought under section 166 of the Motor Vehicles Act, 1988 by the respondent/claimants.

2. On 1st of March 2009, on an highway passing through the city of Nagpur deceased was driving the Maruti 800 car bearing No.MH27H1866 which was travelling from Wardha to Nagpur. At the relevant time, the truck bearing No.MH24F8940 insured with the appellant came from wrong side and gave dash to the vehicle of the deceased from the front, as a result, the vehicle of the deceased was shatter and deceased died on the spot.

3. An offence vide Crime No.42 of 2009 under Section 279, 304A, 427 of the Indian Penal Code came to be registered.

4. Since the deceased was a government servant, drawing monthly salary of Rs. 30,000/, considering his age at the time of death, compensation of Rs. 35,80,000/was claimed.

5. It is an admitted position on record that the truck in question was insured with the appellant and the appellant vide detailed statement Exh.19 raised an objection as regards status of the claimant, who claimed to be second wife of the deceased.

6. The learned counsel for the appe

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