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2023 Supreme(Bom) 515

ABHAY AHUJA
IFFCO Tokio General Insurance Company Limited – Appellant
Versus
Shankar G. Rane – Respondent


Advocates Appeared:
For the Appellant : Mr. Nikhil Mehta i/b. KMC Legal Venture.
For the Respondents: Ms. Rina Kundu.

JUDGMENT :

1. This is an Appeal preferred by Iffco Tokio General Insurance Company Limited against the judgment and award dated 10th May 2011 passed by the Motor Accident Claims Tribunal, Thane (M.A.C.T.) in Motor Accident Claim Petition No.651 of 2009 filed by the claimants, who are the parents and legal heirs of one Sachin Shankar Rane, who died on 5th April 2008 in a motor accident.

2. The brief facts are that, on 5th April 2008, at about 21.45 hours, Sachin Rane was travelling by a Pulsar motorcycle bearing no.MH-04/DM-1494 owned by his friend Milind Kale, as a pillion rider. That, they were proceeding from Manpada to Thane by Ghodbunder Road and while they were near Tatwadyan Vidhyapith, one unknown Maruti car coming from Tulsidham Road dashed into the said motorcycle at the crossing of Ghodbunder Road, resulting in grievous injuries to Sachin, who succumbed to his injuries at Civil Hospital, Thane. At the time of the accident, Sachin was 19 years old and he was serving with Graphic Charms Printers at Khopat, Thane as a Technician and was earning Rs.3,300/- per month. The motorcycle was owned by his friend, who was arraigned as Opponent No.1, (Respondent No.3 herein) in the Cla

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