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2022 Supreme(Bom) 1099

S.G.DIGE
Branch Manager, Cholamandalam M. S. General Insurance Co. Ltd. – Appellant
Versus
Khajabi W/o Ishaq Sayyed – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.G. Chapalgaonkar

JUDGMENT :

1. Being aggrieved and dissatisfied by the Judgment and award passed by the Member, Motor Accident Claim Tribunal, Jalna, the appellant ( original respondent No.2) i.e. Insurance Company has preferred this appeal.

2. Brief facts of the case are as under :-

On 5th May, 2016 deceased Sayyed Imran was proceeding on Jalna to Ambad road on motor-cycle bearing registration No. MH-21-AA-2887 as a pillion rider. It is alleged that at about 5.00 p.m. the motor cycle was dashed by the truck bearing registration No. MH-17-AG-8406, on account of said accident, deceased had suffered fatal injuries. Crime was registered against truck driver for rash and negligent driving and under other sections of Indian Penal Code.

3. The respondents/original claimants had fled claim petition before Member Motor Accident Claim Tribunal, Jalna(for short “The Tribunal”) for getting compensation. Considering the evidence on record and after hearing the parties the Tribunal has awarded compensation said Judgment and order is under challenge.

4. It is contention of the learned counsel for the appellant th

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