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2008 Supreme(Bom) 829

A.S.OKA
New India Assurance Co. Ltd. – Appellant
Versus
Ashabai w/o Kalyan Kothi – Respondent


Advocates Appeared Mr. V. N. Upadhye, Advocate for the appellant Mr. S. P. Chapalgaonkar, Advocate for respondent 1 to 3

JUDGMENT

1. The submissions of the learned counsel appearing for the parties were heard on the last date. Considering the controversy involved, the appeal was taken up for final hearing at admission stage. Today the appeal is kept for dictation of the judgment.

2. The appellant Insurance Company has taken an exception to the judgment and award dated 30th March, 2007 passed by the learned Member of the Motor Accident Claims Tribunal at Beed. The first to third respondents herein are the claimants who filed a claim petition invoking section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act.)

3. According to the case of the claimants, the 4th respondent is the owner of the truck which was validly insured with the appellant on the relevant date. The case of the claimants is that deceased was an employee of one Deelip Kishanlal Munot drawing salary of Rs.4000/- p.m. On 9th September, 2004, the deceased was looking after the construction site of his employer. At that time, paved flooring stones were brought to the construction site by the offending truck. The deceased was supervising the work of unloading the said stones. At that time,
















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