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2021 Supreme(Bom) 1336

R.G.AVACHAT
Shriram General Insurance Company Ltd. – Appellant
Versus
Jayashree – Respondent


Advocates appeared:
V.N. Upadhye, Advocate, for the Appellant / V.B. Jagtap, Advocate, for the Respondents

JUDGMENT

R.G. Avachat, J. - This is Insurance Company's appeal, challenging the judgment and award dated 20/7/2020, passed by Member, Motor Accident Claims Tribunal (Tribunal), Newasa, District Ahmednagar in Motor Accident Claim Petition (Petition) No. 34/2018. The appellant insurance Company and the owners of the motorbike involved in the accident have been directed to pay the claimants a sum of Rs. 13,64,000/- as compensation on account of death in vehicular accident.

2. Facts, in brief, leading to filing of the present appeal are as follows:

Deceased Balaji was serving as a Waiter in “Hotel Archana”, belonging to respondent No. 6 herein (R/6). After closure of the hotel late in the evening on 23/8/2017 (intervening night of 23rd and 24th August 2017), both the deceased and R/6 were on their way home on motorbike, No. MH-17/BR-7090. R/6 was riding the motorbike. The deceased was riding pillion. The motorbike slipped all of a sudden. Both the deceased and R/6 fell off the motorbike. An unknown vehicle coming from behind ran over the deceased. The deceased was rushed to a hospital at Newasa. He, however, breathed his last.

3. Shri Avadhut, brother of the deceased was informed of the in

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