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2023 Supreme(Bom) 1316

S. G. CHAPALGAONKAR
New India Assurance Company Ltd. – Appellant
Versus
Jyoti w/o Ashok Thorat – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M. M. Ambhore, Advocate
For the Respondent:Mr. D. B. Pawar, Mr. H. C. Puse, Advocate

JUDGMENT :

1. The appellant/insurance company [original respondent no.3] impugns the judgment and award dated 06/04/2018, passed by the Motor Accident Claims Tribunal, Aurangabad [for short ‘the Tribunal’], in Motor Accident Claim Petition [MACP] No.111/2016, by which, a claim petition filed by respondent nos.1 to 5 [original claimants] under Section 166 of the Motor Vehicle Act, 1988 [hereinafter referred to as ‘the Act’ for short] came to be allowed and compensation of Rs.24,84,480/- [Rupees Twenty Four Lacs Eighty Four Thousand Four Hundred and Eighty Only] has been awarded to respondent nos.1 to 5. Hereinafter, parties are referred as per their original status before the Tribunal for the purpose of convenience and brevity.

2. The claimants had approached the Tribunal under Section 166 of the Act raising the claim for compensation of Rs.1,00,00,000/-[Rupees One Crore] from the owners of both the vehicles involved in the accident and insurer of Tavera car bearing Registration No. MH-20-AS-4089. The claimants contended that on 07/09/2015, the deceased-Ashok was driving his Swift car bearing Registration No. MH-21-S-1033 from Ahmednagar towards Aurangabad. When he reached near Rahimp

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