05fa1461.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

5 FIRST APPEAL NO. 1461 OF 2014

ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. CHENNAI

VERSUS

ASHIYA SALIM SAYYAD AND OTHERS

...

Advocate for Appellant : Mr. Deshpande Avinash S.

Advocate for Respondents 1 to 3:Mr.V P Latange

CORAM

: V. K. JADHAV, J.

DATE

:

8th March, 2016

PER COURT :

1.

In view of order dated 13^th January, 2016, this

appeal is taken up for final disposal at the stage of

admission.

2.

Being aggrieved by the judgment and Award passed

by the learned Member of the Motor Accident Claim

Tribunal, Ahmednagar dated 13.09.2013 in MACP No.

465/2009, the Insurer/original respondent No.2 has

preferred this appeal.

3.

Brief facts giving rise to the present appeal are

as follows:

i. On 07.02.2009, at about 11 p.m. deceased Salim had

gone to inspect river-bed of Ghod River alongwith

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his superior officer Kailas Kapade to find out

whether theft of sand