NEW INDIA ASSURANCE CO. LIMITED Vs. HASINABANO WD/O SHEIKH RAFFIUDDIN
HIGH COURT OF BOMBAY (AT: NAGPUR)
NEW INDIA ASSURANCE CO. LIMITED
Hasinabano Wd/O Sheikh Raffiuddin
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B.P.DHARMADHIKARI, J. -
(1.) The matter was called out yesterday. As nobody appeared for the respondents, it came to be adjourned to today. Today also, Shri A.H. Patil, learned counsel for the appellant is only present for the Insurance Company. Nobody appears for respondent Nos. 1 to 6 (claimants) and Respondent Nos. 7 or 8.
(2.) The judgment/award dated 24.01.2008 delivered by the Motor Accident Claim Tribunal (M.A.C.T.), Akola in Motor Accident Claim Petition (M.A.C.P.) No. 121 of 2004 has been questioned in this appeal under Section 173 of the Motor Vehicles Act, 1988.
(3.) The short submission of Shri Patil, learned counsel is, in Claim Petition no allegations were made against the vehicle 'Tipper" involved in the accident. The deceased i.e. husband of Respondent No. 1 and father of other respondents was driving that Tipper and claimants specifically urged that Maharashtra State Road Transport Corporation (M.S.R.T.C.) bus was being driven recklessly and negligently. He contends that in this backdrop, issues at Exh. 25 are framed by the M.A.C.T. on 16.07.2005. The issues also do not cast any burden on the appellant. In this backdrop when final judgment was delivered, without recording any apparent reasons, the learned M.A.C.T. has found Tipper as also bus equally responsible for the accident and apportioned liability between them. The total claim of Rs. 5 lakh was directed to be recovered jointly and severally from the respondents. The Bus owner M.S.R.T.C. did not challenge that judgment and it is the Insurance Company which has approached this Court. As per directions of this Court dated 28.08.2008 on Civil Application No. 3474 of 2008, the amount as awarded has been deposited with the Registry of this Court and by later order dated 27.01.2009, claimants have been permitted to withdraw part of that amount.;
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