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2018 Supreme(Bom) 3046

SUNIL K.KOTWAL
Suryabhan Digambar Kagne – Appellant
Versus
New India Assurance Co. Ltd. , Divisional Manager, Jalna Road, Beed, – Respondent


Advocates Appeared:
Shri. A.D. Hande, Advocate, for the Appellant; Shri M.M. Ambhore, Advocate, for the Respondent No. 1; served, for the Respondent No. 2

JUDGMENT

Sunil K. Kotwal, J. - This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Nanded in MACP No. 635 of 2005 which awarded total compensation of Rs. 11,77,061/- with interest thereon at the rate of 7.5%. Appellant is the original claimant in above said injury claim petition. Respondent No. 1 is owner of the offending vehicle and respondent No. 2 is the insurer.

2. Facts leading to institution of this appeal are that on 30/7/2005 the claimant who was in State service as Police Constable, was proceeding towards Bhokar Phata by his motorcycle No. MH-26-J-5365, at about 8.40 p.m. On Ardhapur - Nanded road the offending truck bearing registration No. MH-44-6127 came from the back side and the truck gave dash to the motorcycle of the claimant from its back side. In that accident, both leg bones of the claimant were crushed, which resulted into amputation of his both legs above the knee joint. Therefore, claim under Section 166 of Motor Vehicle Act, 1988 (hereinafter referred as "MV Act") was filed against the respondents.

3. Heard Shri A.D. Hande, learned counsel for appellant and Shri A.N. Ambhore, learned counsel for respondent no. 1

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