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2021 Supreme(Bom) 416

N.J.JAMADAR
Oriental Insurance Company Limited – Appellant
Versus
Karbhari Daga Gaikwad – Respondent


Advocates Appeared:
For the Appellant : Mr. Devendra Joshi.
For the Respondent: Mr. Pritesh Bohade.

JUDGMENT :

1. This appeal is directed against the judgment and award dated 28th March, 2014 passed by the learned Member, MACT, Nashik in MACP No.288 of 2009 whereby the appellant/insurer was held jointly and severely liable to pay compensation of Rs.6,68,400/- along with interest @ 9% p.a. from the date of the petition to the respondents/claimants for the death of Milind Karbhari Gaikwad (the deceased), in a vehicular accident.

2. The background facts leading to this appeal can be stated in brief as under :

[a] On 4th February, 2009 the deceased, who was the son of respondent Nos. 1 and 2 and the brother of respondent Nos. 3 and 4, was riding a motor-cycle bearing registration number MH-41/M-7593 on his way to Satpur MIDC. When he reached near ITI signal, Satpur, Nashik, a TVS motor-cycle bearing registration number MH-15/BT-4275, owned by the respondent No. 5/original opponent No. 1 and insured with the appellant/original opponent No. 2, gave a violent dash to the motor-cycle of the deceased. Eventually, the deceased succumbed to his injuries. The deceased was 27 years old. He was a bachelor. The respondents/original claimants instituted the petition under section 166 of the Motor V

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