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M. S. SONAK
New India Assurance Co. Ltd. Ojha. – Appellant
Versus
Vallabh Prabhudessai – Respondent


Advocates Appeared:
Mr. Amey Kakodkar, Mr. Pankaj Shirodkar and Ms. Amanda Godinho, Advocates for the Appellant, for the Appellant; Mr. V. G. Kurtikar, Advocate for the Respondent No.1, Mr. A. R. S. Netravalkar, Advocate for the Respondent No.3.

JUDGMENT

1. Heard Mr. Amey Kakodkar for the Appellant, Mr. Kurtikar for Respondent No.1, and Mr. A. R. S. Netravalkar for the Respondent No.3-insurer of the Sumo vehicle. The remaining respondents are duly served but are neither present nor represented in this appeal.

2. This appeal is instituted by the insurance company of the motorcycle bearing Registration No.GA-08-L-0632, which was involved in the accident with the Tata Sumo bearing Registration No.GA-09-A-9264 on 18.02.2014. The claimant was the pillion rider on the motorcycle and suffered injuries that resulted in his permanent disablement.

3. The Tribunal has held that the motorcycle driver was solely responsible for the accident and not the driver of the Tata Sumo. Further, the Tribunal has determined the compensation at Rs. 23,50,000/- and awarded interest @ 9% p.a. from the date of the claim petition.

4. Mr. Kakodkar, learned counsel for the insurer of the motorcycle, submits that leave was obtained under Section 170 of the Motor Vehicles Act. Therefore, the insurance company is entitled to raise all contentions. He proposes that the evidence on record establishes that the accident occurred due to the rashness and negligence

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