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2022 Supreme(Bom) 1964

ABHAY AHUJA
United India Insurance Co. Ltd. – Appellant
Versus
Sangita Ramji Bhoyar – Respondent


Advocates appeared:
Shri. Harish V. Thakur, Advocate for the Appellant.
Shri. Piyush Pendke, Advocate for the Respondents No.1 to 3.

JUDGMENT

ABHAY AHUJA, J. - This is an appeal filed by the appellant/Insurance Company challenging the judgment and award dtd. 2/3/2016, passed by the Motor Accident Claims Tribunal, Gadchiroli, in Motor Accident Claim Petition No. 81 of 2014, by which the appellant/Insurance Company and the respondent no. 4/owner of the car were directed to jointly and severally pay an amount Rs.5, 00, 961.00 (Rupees Five Lacs Nine Hundred Sixty One Only) inclusive of no fault liability of Rs.50, 000.00 alongwith interest @ 9% per annum from the date of application till realization of amount.

2. The brief facts are that the appellant/Insurance Company had for the period 15/5/2014 to 14/5/2015 insured a Santro Car (for short, the "said car") bearing Registration No. MH-33-A-952 owned by respondent no. 4 under a Private Car Package Policy. On 24/10/2014, the said car driven by the respondent no. 4/owner of the car met with an accident with a motorcycle bearing Registration No. MH-33-B-6493 on Gadchiroli Aarmori Road. There was a head on collision between the two vehicles. The motorcycle was driven by the deceased Ramji Bhoyar, who after the collision sustained grievous injuries to his head and other p

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