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2022 Supreme(Bom) 1273

VINAY JOSHI
New India Assurance Co. Ltd. – Appellant
Versus
Raghunath Sakharam Aher – Respondent


Advocates appeared:
Dhananjay Deshpande, Advocate, Ram B. Deshpande, Advocate

JUDGMENT

Vinay Joshi, J. - These appeals are filed by the insurance company in terms of section 173 of the Motor Vehicles act, 1988, challenging the even dated judgments passed by the Motor accident Claims Tribunal, Nevasa, Dist. ahmednagar, in MaCP Nos.486 of 2014 and 487 of 2014. Both the petitions arose from the same accident as well as common question of law and fact has been raised by the insurer. Hence, they are taken together for disposal.

2. It was the case of the claimants that on 01.11.2014 deceased Ganesh was riding motor cycle bearing Registration No. MH-17-Ba-4248 whilst another deceased Mahadeo was pillion rider. While the motorcycle was proceeding on the road, offending vehicle Mahindra Pick-up van bearing Registration No. MH-14-DM-3454, came in high speed and gave dash to the motorcycle from behind.

In the result, both rider and pillion rider of the motorcycle sustained severe injuries to which they succumbed. The accident took place due to rash and negligent driving on the part of the pick-up van driver. The legal heirs of both the deceased have filed above named two separate claims seeking compensation on account of death of their kin. after recording evidence, the T

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