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2001 Supreme(Bom) 157

R.M.LODHA
Sitaram Prabhu Tele & another – Appellant
Versus
Rajabai Vilas Patil & others – Respondent


JUDGMENT - R.M. LODHA, J.:---By this common judgment, I intend to dispose of this group of five first appeals which arises out of the same accident though from separate claim petitions and separate awards. The only challenge in these first appeals is the correctness of the view taken by the Motor Accident Claims Tribunal in holding that the truck MHF-8740 was also being driven rashly and negligently at the time of accident and liable to pay 50% of the compensation awarded to the claimants.

2. For the sake of brevity and convenience, I am dealing with the facts of First Appeal No. 674 of 1988. The respondent Nos. 1 to 4 herein are original claimants. The respondent No. 5 and 6 are original opponent Nos. 1 and 2. The appellants herein are original opponent Nos. 3 and 4 while respondent No. 7 herein is original respondent No. 5. The opponent Nos. 1 and 2 are owner and driver of S.T. Bus No. MTD-9392. The opponent Nos. 3 and 4 are owner and driver of truck No. MHG-8740. The opponent No. 5 is the insurer of the said truck. The claimants filed claim petition before the Motor Accident Claims Tribunal, Solapur claiming compensation in the sum of Rs. 1,50,000/- on account of accidental death


























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