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2022 Supreme(Bom) 1026

GAURI GODSE
Reliance General Insurance Company Ltd. – Appellant
Versus
Anil Jayram Ghag – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pandit Kasar Adv.

JUDGMENT :

1. This Appeal is filed for challenging the judgment and award dated 15th February 2021 passed by the Motor Accident Claims Tribunal at Mumbai in Motor Accident Claim Petition No. 1618 of 2018. By this impugned judgment and award, Application filed below Exhibit 2 in Motor Accident Claim Petition No. 1618 of 2018 under section 140 of the Motor Vehicles Act 1988 (“the MV Act”) is allowed by directing payment of interim compensation of Rs. 25,000/-.

2. It is the case of the Appellant that the insurance policy concerned in the claim Application was never issued by the insurance company. It is submitted on behalf of the Appellant that specific contention raised by the insurance company was that insurance policy was a fake policy. Thus, the Tribunal ought not to have allowed the interim compensation under section 140 of the MV Act.

3. The impugned Judgment records that the claimant suffered permanent disability due to road accident occurred on 23rd March 2018, which involved a bike and a car. The claimant was walking alongside the road at the time of accident. The bike involved in the accident was owned by Respondent no. 2 and the same was insured with the Appellant insurance co

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