NATIONAL INSURANCE COMPANY LIMITED Vs. SMT. URMILABAI
LAWS(BOM)-2018-8-276
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on August 29,2018

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Smt. Urmilabai Respondents

JUDGEMENT

SUNIL K.KOTWAL,J. - (1.) These two appeals are filed by the National Insurance Company against the award passed by the Member, Motor Accident Claims Tribunal, Ambajogai. First Appeal No. 829 of 2007 is directed against the judgment and award passed in MACP No. 62 of 2001 awarding compensation of Rs. 2,92,000/- to the original claimants with interest thereon at the rate of 7.5 % p.a. from the date of petition till the realization of entire amount and Respondent Nos. 1 to 8 are the original claimants, respondent No. 9 is the driver and respondent No. 10 is the owner of offending vehicle involved in the motor vehicles accident.. First Appeal No. 918 of 2007 is directed against the judgment and award passed in M.A.C.P. No. 61 of 2001 awarding compensation of Rs. 3,01,000/- inclusive of no fault liability amount. Respondent Nos. 1 to 3 are the original claimants, respondent No. 4 is the driver and respondent No. 5 is the owner of offending vehicle involved in the motor vehicles accident.
(2.) Brief facts in between the parties are that, on 1.5.2000 when deceased Atmaram Mundhe and one Fulchand Mundhe were traveling by motorcycle by Parali to Gangakhed on Ammajogai road, the offending truck bearing No. MTB-7410, which was coming from opposite direction of the road, dashed against the said motorcycle. In that accident, Atmaram Mundhe and Fulchand Mundhe succumbed to the injuries sustained in the accident. Therefore, a Motor Accident claim was filed by the claimants against the driver, owner and the appellant Insurance Company. The Tribunal has awarded compensation of Rs. 3,01,000/- and Rs. 2,92,000/- to the claimants in the respective appeals, which is challenged in the present appeal.
(3.) Heard strenuous arguments submitted by Shri P.P. Bafna , learned counsel for appellant, Shri A.P. Bhandari, learned counsel for respondent nos. 1 to 8 and Shri Sushil Deshmukh, learned counsel for respondent No. 10.;


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