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2021 Supreme(Bom) 1654

N.J.JAMADAR
New India Assurance Company Ltd. – Appellant
Versus
Dhrub Narayan Lalchand Prasad – Respondent


Advocates appeared:
Devndranath Joshi, Advocate, Amol Gatane, Advocate, Swati Mehta, Advocate

JUDGMENT

1. This appeal is directed against a judgment award dtd. 17/1/2020, in MAC Application No.1311 of 2015, passed by the learned Chairman, MACT, Mumbai ("the Tribunal"), whereby the claim of the claimant - respondent no.1 came to be partly allowed awarding a sum of Rs.39,79,700.00 inclusive of the compensation under Sec. 140 of the Motor Vehicles Act, 1988 ("the M. V. Act") along with interest at the rate of 8% p.a. for permanent disability suffered in a vehicular accident.

2. The background facts leading to this appeal can be stated in brief as under:

    (a) The claimant - respondent no.1, who was 39 years of age, claimed that he was dealing in a business and earned Rs.20,000.00 per month. On the day of accident, at about 5.30 pm., the claimant was riding motorcycle bearing registration No.MH-01/BA-8698 at Kanjade, Panvel. When he negotiated the turn opposite Chinchpada Police Chowki, Panvel, a motor dumper bearing registration No.MH-06/AQ-6945, owned by opposite party - respondent no.2 herein, and insured with appellant - insurer, came in an excessive speed from behind and gave a violent dash to him. The driver of the said offending vehicle drove the offending vehicle in a rash

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