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2023 Supreme(Bom) 1510

S. G. CHAPALGAONKAR
National Insurance Company Ltd. – Appellant
Versus
Deepali Raju Mohite – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. R. Mundada, Adv.
For the Respondent: Mr. D. T. Kamble, Adv.

JUDGMENT :

1. The appellant/original respondent no.3-Insurer impugns the judgment and award dated 11.04.2022 passed by the Motor Accident Claims Tribunal, Aurangabad in Motor Accident Claim Petition No.102/2017 by way of this appeal filed under Section 173 of the Motor Vehicle Act.

2. The respondent nos.1 to 5 instituted Motor Accident Claim Petition No.102/2017 before the Motor Accident Claims Tribunal, Aurangabad contending that on 09.12.2015 deceased Raju Mohite alongwith pillion riders were proceeding from Aurangabad towards Shirdi on motorcycle bearing registration no.MH-20-AM-3494. At about 19.10 hours while they were passing from vicinity of village Shindi Sirasgaon, a Tavera Jeep came from opposite direction which was driven in rash and negligent manner and thrashed the motorcycle. Resultantly, the riders on the motorcycle were thrown off the vehicle and suffered injuries. The driver of the motorcycle Raju Mohite and one of the pillion rider Sominath Belkar suffered fatal injuries, whereas Deepak @ Bhima Sopan Kanade suffered injuries. The incident was reported by the jeep driver to the police resulting into registration of Crime No.193/2015 against deceased Raju Mohite/Motor

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