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2007 Supreme(SC) 1455

ARIJIT PASAYAT, P.SATHASIVAM
United India Insurance Company Limited – Appellant
Versus
Serjerao – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Sudhir Kumar Gupta, Advocate.
For the Respondent: None.

JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in these appeals is to the order passed by a learned Single Judge of the Bombay High Court, Aurangabad Bench dismissing the writ petitions filed by the appellant (described hereinafter as ‘the Insurance Company’). The controversy lies within a very narrow compass.

3.The respondents were travelling in the Trolly attached to a Tractor as labourers. They claimed to have suffered injuries because the Tractor with the Trolly in each case met with an accident. Petitions claiming compensation under the Motor Vehicles Act, 1988 (in short ‘the Act’) were filed along with application under Section 140 of the Act. Order was passed by the learned Additional District Judge and Ex-officio Member, Motor Accident Claims Tribunal, Latur (in short ‘the MACT’) on the principle of no fault liability. The Insurance Company took the stand that it had no liability in respect of the persons travelling in the Trolly and the owner of the Tractor is liable to pay compensation. This plea was rejected by the MACT. Appeal in terms of Section 173 of the Act in each case was preferred before the High Court. Learned Single Judge, prima-facie, was of the vie











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