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2023 Supreme(Bom) 1812

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


Advocates appeared:
D.N.Kukday, Advocate, Nilesh B.Raut, Advocate

JUDGMENT/ORDER

1. Heard finally with the consent of learned Counsel for the parties.

2. Present appeal is preferred by the appellant against the judgment and award passed by the Member, Motor Accident Claims Tribunal, Amravati in MACP No.373/2010 by which the Claim Petition of the claimant is allowed and the compensation was granted to the claimants at the tune of Rs.20,19,254.00.

3. This appeal is presented by the Insurance Company challenging the judgment and award. (Parties shall hereinafter referred as per their original nomenclature in the claim petition).

4. Brief facts of the case which are necessary for the disposal of the appeal are as under : A] On 26/07/2009, at about 4.45 pm the petitioner was riding his bike bearing No.MH-27-AG-5766. When he reached near Morshi police station, at the relevant time one TATA Sumo bearing No.MH-22- D-2272 driven by its driver in a rash and negligent manner and came toward wrong side and dashed against the bike of the petitioner. Due to the severe dash, petitioner sustained grievous injuries. As per contention of the claimants, the said accident took place due to the rash and negligent driving of the TATA Sumo driver who has driven it in a ras

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