LAWS(BOM)-2024-3-180

DIVISIONAL MANAGER Vs. SHARAD SHANKAR JADHAV

Decided On March 05, 2024
DIVISIONAL MANAGER Appellant
V/S
Sharad Shankar Jadhav Respondents

JUDGEMENT

(1.) The issue involved in this appeal is, at the time of the accident, the driver of the offending vehicle was under the influence of liquour.

(2.) It is contention of learned counsel for the appellant-Insurance Company that, at the time of the accident, the driver of the offending tempo was under the influence of liquor. To prove it, the appellantInsurance Company has produced charge-sheet filed against the driver and report of the Chemical Laboratory, which shows the blood sample of the driver of the offending temp was containing 0.080% alcohol. It supports the appellant 's defense but this fact is not considered by the Tribunal. Hence, requested to allow the appeal.

(3.) It is contention of learned counsel for respondent No.1/claimant that the Chemical Analysis Report produced on record shows less quantity of alcohol found in the the blood of the driver. The Tribunal has considered all the aspects while passing the judgment and order. Hence, no interference is required in it.