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2011 Supreme(Online)(Bom) 3

BOMBAY HIGH COURT
Joint District Judge, J
Prashant v. Hariprakashsingh


Table of Content
1. court evaluates the factual background leading to the accident. (Para 1 , 2)
2. discussion of legal pleadings and claimants' arguments. (Para 3 , 4 , 5)
3. court examines evidence of negligence and insurance company’s obligations. (Para 6 , 7)
4. clarifying insurer liability and breaches regarding policy. (Para 8 , 9)
5. final ruling on compensation and insurer’s liability. (Para 10 , 11 , 12)

1. This first appeal is directed against the judgment and award passed in Motor Accident Claim Petition No. 109 of 1995 on 13.2.1998 by the learned Joint District Judge and Ex officio Additional Member of Motor Accidents Claims Tribunal, Akola (hereinafter referred to as 'the Tribunal') whereby the claim was partly allowed and appellants herein were held jointly and severally liable and directed to pay sum of Rs. 1,20,000 inclusive of amount of 'no fault liability' with interest at the rate of 12 per cent per annum from the date of application till its realization.

2. Facts in brief are that: on 23.11.1994 at about 2 p.m. Rashmi d/o Hariprakash - singh, aged about 16 years, was going by her bicycle to her college at Paras, Dist. Akola. While passing through a residential colony

















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