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2021 Supreme(Bom) 737

ANUJA PRABHUDESSAI
Shriram General Insurance Co Ltd – Appellant
Versus
Manoharrao Devidaspant Bharti – Respondent


Advocates appeared:
A.V. Joshi, Advocate, Astha Sharma, Advocate, P.R. Agrawal, Advocate

JUDGMENT

Anuja Prabhudessai, J. - These appeals are filed under Section 173 of the Motor Vehicles Act, 1988 (for short 'M.V. Act') challenging the judgment and awards both dated 01.08.2018 in MACP Nos. 250/2012 and 249/2012.

2. The respondents are the original claimants in the application under Section 166 of the M. V. Act, and shall be hereinafter referred to as the claimants.

3. The claimant No.1 is the husband of Mangala and father of Nilesh whereas the Claimant Nos. 2 and 3 are the daughter of Mangala and sisters of Nilesh. It was the case of the claimants that a Tata vehicle bearing registration No. MH-27/C-230 collided against an autorikshaw, bearing registration No. MH-27/C-6242 wherein the deceased Mangala and her son Nilesh were traveling. Said Mangala and Nilesh died as a result of the injuries sustained in the accident.

The claimants stated that the accident was caused due to rash and negligent driving of the driver of the offending vehicle. The claimants further stated that Mangala was earning Rs. 36,000/- per annum, whereas Nilesh was working as Clerk at D.Ed. College and earning Rs. 20,000/- per month. Claimants filed an applications under Section 166 of the M. V. Act an

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