NAMDEO S/O. GAJANAN BUTALE Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED
HIGH COURT OF BOMBAY (AT: NAGPUR)
Namdeo Gajanan Bultale
The New India Insurance Co. Ltd., ...
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(1.) These appeals and cross-objections are being disposed of by a common judgment as the claims involved in these appeals and cross- objections arise out of the same accident and the issues involved are also common.
(2.) These appeals question the legality and correctness of the judgment and order dated 30th August, 2005 , rendered in MACP Nos.133/2002, 132/2002 and Judgment and order dated 31 st August, 2005, rendered in M.A.C.P. Nos.134/2002, 135/2002, by the Motor Accident Claims Tribunal, Chandrapur. Same is true about the cross- objections as well filed by the owner of the offending vehicle.
(3.) These four appeals have been filed taking an objection that in cases like these, no order of pay and recover could have been passed by the Tribunal against the appellant. The cross-objections have been filed primarily on the ground that the insurance company i.e. the appellant in all these appeals, ought not to have been exonerated of its liability as the risk of the owner of the goods or the representative of the goods was covered under the insurance policy.;
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