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2019 Supreme(Bom) 2010

SUNIL K.KOTWAL
United India Insurance Co Ltd – Appellant
Versus
Anil Kisan Shinde – Respondent


Advocates Appeared:
A.B. Gatne, Adv., R.K. Temkar, Adv., K.N. Shermale, Adv.

JUDGMENT

Sunil K. Kotwal, J. - The United India Insurance Co. Ltd., the original respondent No. 2 has filed this appeal against the judgment and award passed by the Motor Accident Claims Tribunal, Sangemner, (hereinafter referred to as the ''Tribunal'') in Motor Accident Claim Petition No. 14 of 2009, (hereinafter referred to as the ''MACP''), whereby, as in injury claim, compensation of Rs. 6,93,000/- was awarded with interest @ 8% p.a. and the liability was fastened against respondent No. 2. Respondent No. 1 in appeal, is original claimant and respondent No. 2-A to 2-C, are legal heirs of respondent No. 1, who died during the pendency of the Claim Petition.(hereinafter, the parties are referred in accordance with their status in the original proceeding as claimants, owner of offending vehicle and insurer of the offending vehicle).

    2. Facts leading to the institution of this appeal in brief are that on 10.11.2008, at about 10.45 p.m., when the claimant was riding the motorcycle bearing No. MH-17-Y-9118, by Akole to Sangamner Road, near the brick kiln of Jorvekar, the offending tractor No. MH-41-D-1513 came from opposite direction and gave dash to the motorcycle of the claimant, aft

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