UNITED INDIA INSURANCE CO. LTD. Vs. RAMABAI W/O. DNYANDEO MORE
HIGH COURT OF BOMBAY (AT: NAGPUR)
UNITED INDIA INSURANCE CO. LTD.
Ramabai W/O. Dnyandeo More
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(1.) This is an appeal which questions legality and correctness of the judgment and order dated 14th November, 2005, rendered in Motor Accident Claim Petition No.56/2000, by the Member, Motor Accident Claims Tribunal, Khamgaon.
(2.) A petition claiming compensation under Section 166 of the Motor Vehicles Act for the untimely loss of deceased Dnyandeo Sadashio More, husband of respondent No.1, father of respondent Nos.2 to 4 and son of respondent Nos.5 and 6 in a vehicular accident, which took place at about 5.00 a.m. of 29.11.1994, near a mile stone on Kherda-Jalamb Road was filed by the dependents of the deceased against the appellant and the respondent No.7. At that time, deceased Dnyandeo was sitting on the tractor bearing registration No.MTE-4935, belonging to respondent No.7 and insured with the appellant. The claim petition proceeded against the owner of the tractor i.e. respondent No.7 without his written statement. It was, however, contested by the appellant. On merits of the case, the Tribunal found substance in the petition and therefore, by the impugned judgment and order dated 14.11.2005, the Tribunal partly allowed the petition granting compensation of Rs.3,06,000/- inclusive of no fault liability amount together with interest at the rate of 7.5% pa. from the date of petition till realization as compensation to the respondent Nos.1 to 6 and it was made payable by respondent No.7 and the appellant jointly and severally. Not being satisfied with the same, the appellant is before this Court in the present appeal.
(3.) I have heard Shri M.M. Kalar, learned counsel for the appellant and Shri N.B. Kalwaghe, learned counsel for the respondent Nos.1 to 6. Nobody appears on behalf of respondent No.7 though duly served. I have gone through the record of the case including the impugned judgment and order.;
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