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2023 Supreme(Online)(Bom) 23685

BOMBAY HIGH COURT
Prithviraj K. Chavan, J
THE NEW INDIA ASSURANCE CO. LTD. THROUGH ITS DIVISIONAL MANAGER – Appellant
Versus
SMT. SANGEETA RAJENDRA TUPE AND ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Rajesh Kanojia, Ms. Riddhi Chavan
For the Respondents: Ms. Vaishali Jagdale

JUDGMENT:

1. This appeal takes an exception to an Award passed by the Member, Motor Accident Claim Tribunal, Pune in M.A.C.P No.66 of 2013, by which the Member awarded compensation of Rs.25,60,390/- against the owner and appellant (insurer) of the offending vehicle in favour of the respondents-claimants.

2. Facts in brief are as follows:

3. Deceased Rajendra Tupe (hereinafter referred to as "Rajendra"), a 45 year old government employee was on his way from Pune to Mumbai on a motorcycle bearing registration No. MH/12/ED/2679 on the fateful day of 25th July, 2012 when his motorcycle, around midnight, dashed to the rear side of the offending truck bearing registration No. MH/43/3/1951 which was stationary in the midst of Pune Mumbai highway near village Kamshet. He died instantaneously due to the impact.

4. An offence came to be registered with Vadgaon Maval Police Station vide Crime No.114 of 2012 under sections 279, 337, 338, 304-A of the Indian Penal Code and 184 of the Motor Vehicles Act against the deceased Rajendra.

5. Respondent No.1 is the widow of deceased Rajendra while respondents No.3 and 4 are daughter and son. Respondent No.6 is the owner of the offending truck. Respondent N

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