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1992 Supreme(Bom) 222

A.V.SAVANT
S. K. Palaniappah Kandaiswami Gonder and another – Appellant
Versus
Superintending Engineer, M. S. E. B. , Karad and another – Respondent


JUDGMENT - A.V. SAVANT, J.:---This is an Appeal by original opponents Nos. 2 and 3 viz. the owner of the truck and the insurer thereof against whom there is an order in favour of the first respondent (original claimant) awarding Rs. 42,000/- by way of compensation with future interests at the rate of 10% per annum from the date of application, that is to say from 2nd July 1983 till the realisation alongwith the costs of the application. This order was passed on 19th October 1984 by the Motor Accident Claims Tribunal, Sangli, in Motor Accident Claim No. 40 of 1983. The relevant facts may be stated as under :

2. On 3rd January, 1983 the officers of the Maharashtra State Electricity Board (for short, the M.S.E.B.') were proceeding in an ambassador car, belonging to the M.S.E.B., bearing registration No. MTT 6431 from Karad to Kolhapur, that is to say from North to South. At the same time, that is to say at about 1.00 p.m., the truck belonging to the first appellant bearing registration No. CAA 2299 was coming from Kolhapur and was proceeding to Karad, that is to say from South to North. The 2nd respondent in this appeal is the original opponent No. 1 in the Tribunal, who was the driver






















































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