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2001 Supreme(Bom) 812

R.M.LODHA, NISHITA MHATRE
New India Assurance Company Ltd – Appellant
Versus
Babasaheb Anna Mali & others – Respondent


JUDGMENT - R.M. LODHA, J.:---This letters patent appeal is directed against the judgment/order passed by the learned Single Judge on 4-9-1992 whereby the learned Single Judge upheld the order passed by the Motor Accident Claims Tribunal, Kolhapur on 16-1-1986 directing the present appellant to deposit an amount of Rs. 3750/- towards "no fault liability" under section 92-A of Motor Vehicles Act, 1939. Though the amount involved is meagre, the learned Counsel for the appellant-insurance company submitted that as the question of liability of insurance company in respect of pillion rider under third party policy of insurance is involved, the appellant is desirous of the decision in the matter and accordingly we heard the learned Counsel for the parties.

2. The respondent No. 1 herein Babasaheb Anna Mali (for short the claimant) filed a claim petition under section 110-A of Motor Vehicles Act, 1939 against the deceased respondent No. 2 (now represented by his legal heirs) as opponent party No. 1, respondent No. 3 as opponent party No. 2, respondent No. 4 as opponent party No. 3 and the present appellant as opponent party No. 5. The case set up by the claimant in the claim petition is th











































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