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2022 Supreme(Bom) 1183

VINAY JOSHI
New India Assurance Company Ltd. – Appellant
Versus
Kashinath S/o. Radhakisan Wagh – Respondent


Advocates appeared:
S.G.Chapalgaonkar, Advocate, S.S.Dev, Advocate, A.T.Kanawade, Advocate

JUDGMENT

Vinay Joshi, J. - This is an appeal of the insurance company challenging the judgment and award dated 26.03.2014 passed by the Motor accident Claims Tribunal, Kopargaon, in MaCP no.4 of 2006. The Tribunal has partially allowed the injury claim, which is impugned in this appeal.

2. The facts of the case in brief are that, the respondent (injured) was driving his Maruti van at relevant time. While he came near the place of occurrence, the offending vehicle, namely, tempo New Chassis Temporary Regi. No.MH-12-0788 came in high speed and gave dash to the Maruti van. as a result and impact of said accident, the claimant sustained bodily injuries of grave nature. On account of said accident, the injured claimant has approached to the Tribunal by resorting the special provision for grant of compensation on structured formula basis in terms of section 163-a of the Motor Vehicles act.

3. The injured led oral as well as documentary evidence before the Tribunal. The involvement of offending vehicle new chassis in concerned accident was proved. Since it was a claim under section 163-a of the

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