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2022 Supreme(Bom) 1441

ANUJA PRABHUDESSAI
Reliance General Insurance Company Ltd – Appellant
Versus
Shaikh Sadik Shaikh Rafique – Respondent


Advocates appeared:
H.N. Verma, Advocate, P.R. Agrawal, Advocate, Vidya Umale, Advocate

JUDGMENT

anuja Prabhudessai, J. - This is an appeal under Section 173 of the Motor Vehicles act, 1988 (hereinafter referred to as 'the said act') challenging the judgment and award dated 13/03/2018 in Claim Petition No.213/2015. By the impugned judgment, the Claims Tribunal has partly allowed the Petition under Section 166 of the said act and directed the appellant and the Respondent Nos.2 and 3 to pay to the Claimant compensation of Rs.16,00,000/-/- with interest @ 8% per annum from the date of the petition till final realization.

02] The brief facts necessary to decide this appeal are as under:

The Respondent No.1 (hereinafter referred to as 'the Claimant'), had filed Petition under Section 166 of the said act alleging that he along with other labourers was returning to village Nerpinglai by Tata 407 Truck bearing No.MH-11/aG-2161. The said truck was driven by the Respondent No.2 at excessive speed and in a rash and negligent manner. When they reached near Talani Phata on Morshi-amravati Road, one Tata Ex Vehicle bearing No.MH-27/X-4621 came from the opposite direction, in a rash and negligent manner, resulting in collision between both the vehicles. as a result, the Claimant sustai

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