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2023 Supreme(Bom) 1585

RAJESH S. PATIL
National Insurance Company Ltd. – Appellant
Versus
Anita Jayant Bagal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Harshada M. Rane
For the Respondent: Mr. Nitin Kalshetti a/w. Mr. Sagar Tambe, Mr. Mohansingh Rajput a/w. Mr. Sachin Amulkar, Mr. Nikhil Mehta

JUDGMENT :

1. This First Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, by the Insurance Company (Original Opponent No. 3) challenging the Judgment and Award dated 3 March 2015 passed by the MACT, Solapur in MACP No. 54/2013.

FACTS :

2. On 31 July 2012 at 09:00 a.m., one Mr. Jayant Bagal was proceeding to attend his duty from Kurduwadi on his motorcycle. When he reached near Hotel Vaishali on Kurduwadi Barshi Road, one Indica Car bearing Registration No. MH 09 TC 246 (for short “offending vehicle”), coming from the opposite direction, collided with the motorcycle of Jayant Bagal. In the said accident, Jayant Bagal died on the spot (for short “the deceased”).

3. The Respondent Nos. 1 to 5 (Original Claimants) in the present First Appeal are legal heirs of the deceased, who filed Claim Petition No. MACP No. 54/2013, before the MACT, Solapur, claiming compensation of Rs. 35,50,000/-, with interest at current rate from the date of the accident till realization. The claim petition naratted that, deceased, aged 37 years, was serving as a Civil Engineer and was in permanent employment with Vitthal Corporation Limited, Mhaisgaon, Taluka Madha, Dist. Solapur, drawing monthly

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