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2018 Supreme(Bom) 2965

SUNIL K.KOTWAL
New India Assurance Company Ltd. – Appellant
Versus
Baban Maruti Tour – Respondent


Advocates Appeared:
A.S. Osmanpurkar, Advocate, for the Appellant; V.S. Undre, Advocate, for the Respondent Nos. 1 to 6; M.P. Kolpe, Advocate, for the Respondent No. 8

JUDGMENT

Sunil K. Kotwal, J. - This appeal is directed by New India Assurance Company against the judgment and award passed by Motor Accident Claims Tribunal (hereinafter referred to as the "Tribunal"), Osmanabad in Motor Accident Claim Petition No.165/2009 where the compensation of Rs. 10,57,000/with interest thereon at the rate of 6% per annum is awarded by the Tribunal.

2. The appellant is original respondent No.3. Respondent Nos.1 to 6 are the original claimants. Respondent No.7 is the driver of offending truck bearing registration No. MH25B7544 (original respondent No.1) and respondent No.8 is the owner of offending vehicle (original respondent No.2).

3. Hereinafter the parties are referred to in accordance with their status in the original proceeding.

4. The facts, in nutshell, are that, the deceased Rajkumar @ Rajabhau Baban Tour was the son of original claimant Nos.1 and 2 and husband of claimant No.3 as well as father of claimant Nos.4 to 6. He was the only bread earning member of the family of claimants. The deceased was serving with Adi Constructions up to 10.05.2007 and thereafter he was serving with respondent No.2 as driver on offending truck at the monthly salary of R

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