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2022 Supreme(Bom) 103

ANUJA PRABHUDESSAI
Snehalata Wd/o Arunkumar Pandya – Appellant
Versus
Premchand Abhyakumar Mishrikotkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri G.E. Moharir, Advocate
For the Respondent:Shri M.B. Joshi, Shri A. Paunikar, Advocate

JUDGMENT :

1. The Appellant (hereinafter referred to as “the Claimant”) has assailed the judgment and award dated 03/03/2007 passed by the Claims Tribunal in Claim Petition No. 457/1993 under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the said Act”). By the impugned judgment and award, the Claims Tribunal has partly allowed the claim petition and awarded compensation of Rs. 51, 140/- with interest @ 6% per annum from the date of the application till final realization.

2. The brief facts necessary to decide this Appeal are as under:-

On 26/03/1993, while the Appellant was proceeding to Ramtek by Car No. MUK-6996, which was driven by her husband Arunkumar Pandya, a jeep bearing No. MTE-2004 dashed against their vehicle as a result of which she sustained multiple fractures. The said jeep was owned by the respondent No. 1 and was insured with the respondent No. 2 (hereinafter referred to as “the Insurance Company”). The Claimant had alleged that the accident was caused due to the rash and negligent driving by the driver of the jeep. She further stated tha

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