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2023 Supreme(Bom) 1320

S. G. CHAPALGAONKAR
Reliance General Insurance Company Ltd. – Appellant
Versus
Ajay Sukdeo Patil – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Swapnil Patil h/f R.H. Dahat, Advocate
For the Respondent:Mr.P. C. Mayure, Advocate

JUDGMENT :

1. The present appeal is filed by the original respondent no.3/insurance company feeling aggrieved by the judgment and award dated 6.5.2022 passed in MACP no.55 of 2017 by the Motor Accident Claims Tribunal, Shahada, District Nandurbar.

2. Original claimant/respondent no. 1 herein had approached the Tribunal under section 166 of the motor vehicles act raising claim for compensation of rupees One Core from the respondents towards accidental injuries and consequential losses suffered by him. The contention of the claimant is that on 8.10.2016 while he was proceeding on motorcycle from Shahada towards Shirpur, the truck bearing No.GJ- 03-AT-3689 driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3 had dashed to his motorcycle. Consequently, he suffered multiple injuries. He was initially admitted to Seva hospital at Dhule. Then, he was referred to Jupiter hospital at Thane. He was under Medical supervision for four months and spent Rs.25,00,000/- towards medical treatment. During period of hospitalization, he has undergone multiple surgeries. Implants are inserted in the thigh, right wrist and skin grafting was required to be done. In-spite of

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