Second witness of the claimant is Balasaheb Bongane CW-3. He states that he was proceeding on his motorcycle and witnessed the offending jeep dashed against motor cycle of the deceased Dattarao. He states that, he noted jeep number and informed claimant no.3-Shailesh regarding the incident. In cross-examination, he admitted that he is relative of the claimants. He states that he noted number of offending vehicle after getting a pen from the owner of sugar cane juice shop. He states that he did not felt necessary to accompany deceased to the Hospital or he never informed police chowki or doctor regarding the vehicle number or incident. He never visited the police or gave his statement to the police. The Certified copy of his statement recorded in S.C.C. No.457 of 2018 is also placed on record of the Tribunal at Exhibit 15, wherein he states that he came to know about vehicle number from the mob gathered at the spot of accident. If the aforesaid evidence is taken into account, it is difficult to believe that accident occurred in presence of CW-3. Pertinently, CW-1 admits in his cross-examination that vehicle owner bears surname Karhale as claimants and he is resident of the village which is at a distance of 30 kilometers from village of the claimants. He admits that he had received information as to owner of the vehicle, but never disclosed it to any one prior to filing of the complaint. {Para 10}
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
First Appeal No. 1631 of 2024 and Civil Application No. 7984 of 2024 in FA No. 1631 of 2024
Decided On: 21.02.2025
The New India Assurance Company Ltd. Vs. Sangita and Ors.
Hon’ble Judges/Coram:
S.G. Chapalgaonkar, J.
Citation: 2025:BHC-AUG:4911, MANU/MH/0999/2025.
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