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2023 Supreme(Bom) 216

SANDIPKUMAR C. MORE
Oriental Insurance Co. Ltd – Appellant
Versus
Mangalabai Yogendrasing Girase – Respondent


Advocates:
Counsel for Appearing Parties
U. S. Malte, Advocate, Mukul Kulkarni, Advocate, S. R. Kedar, Advocate, Pradeep R. Patil, Advocate

JUDGMENT

Sandipkumar C. More, J. - The appellant - insurance company, who is original respondent No.2 in MACP No.689 of 2001, has challenged the judgment and award dated 27/03/2006 passed by the Motor Accident Claims Tribunal, Dhule (hereinafter referred to as 'the learned Tribunal') in the aforesaid claim petition. However, during pendency of this appeal the learned counsel for the appellants produced pursis alongwith death certifcates of respondent Nos.2 & 3. On perusal of those death certifcates it is revealed that respondent Nos.2 & 3 died during pendency pendency of this appeal. As such, their names were deleted under the order dated 31/01/2023 since the other dependents of the deceased are already on record.

2. On 14/01/2001, one Bhimsing while riding his motorcycle bearing Registration No. MH-18-B-6815, gave dash to a Neem tree. At that time there were two pillion riders on the said motorcycle. Out of those three persons, Bhimsing and one of the pillion riders Yogendrasing died in the said accident. It is not disputed that the aforesaid motorcycle was insured with the present appellant - insurance company for the period from 13/12/2000 to 12/12/2001 covering the date of accide

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