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2023 Supreme(Bom) 1995

U. J. PHALKE
Oriental Insurance Co. Ltd – Appellant
Versus
Suresh – Respondent


Advocates appeared:
T.T. Mirza, Advocate, R.M. Pande, Advocate

JUDGMENT/ORDER

1. Heard learned Counsel for the parties.

2. By this appeal, the appellant - Insurance Company challenges the judgment and award dtd. 20/06/2008 passed by the Motor Accident Claims Tribunal, Gondia in Claim Petition No.115/2006 whereby the Tribunal awarded the compensation of Rs.3, 69, 500.00 with interest @ 7.5% per annum from the date of filing of the claim petition till realization of whole amount to the petitioners.

3. Brief facts in nutshell are as follows:

    A] On 13/07/2006 the deceased Prashant Badwaik riding bike bearing No.MH-35-H-8091 near Marar Toli Railway Gate with due care and cautions. At the relevant time, while saving the bicycle rider, he applied sudden breaks, due to which the motorcycle of the deceased skidded and he sustained severe head injury. He was immediately admitted in KTS Hospital, Gondia and subsequently shifted to Orange City Hospital, Nagpur. During the course of treatment he succumbed to the death.

4. As per the contention of the claimants, the age of the deceased was 20 years and he was skilled Electronic Mechanic and was earning Rs.4000.00 per month. As the death of the deceased is caused in an accident, the motorcycle was owned by respo

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