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2009 Supreme(Bom) 505

K.U.CHANDIWAL
New India Assurance Company Ltd. – Appellant
Versus
Babruwan s/o Pralhad Wakure. – Respondent


Advocates appeared
Shri V.R.Mundada, Advocate for Appellant;
Shri Sanjay Mundhe, Advocate for Respondent Nos. 1 & 2;
Respondent No.2 Served

PER COURT :-

1. Heard learned Counsel for the respective parties.

2. These three appeals moved by Insurance Company arising out of the accident dated 17.12.2005, question legality and propriety of the order recorded by learned Member, Motor Accident Claims Tribunal, Latur by Award dated 5th January, 2008 in M.A.C.P.Nos.107/2006; 108/2006 and 80/2006 respectively.

3. The extensive submissions by the Counsel for appellant center to the crucial aspect that the driver of the jeep, Majid Kazi had no valid licence on the date of accident, which he has renewed subsequently. Secondly, Balu Shrirang Ghante was driving his tractor attached with fully loaded two trollies with sugarcane. As per the provisions of Motor Vehicles Act, 1988, specific motor driving licence is issued for driving a tractor attached with trolly or trollies. However, the tractor driver had only a driving licence to drive light vehicle. The damages to the tractor were erroneously considered, documents were not properly proved. It is not established that the driver of the jeep was at fault. The jeep driver was not made a party. The Insurance Company of the tractor was not made as a party. The claimants in First Appeal No.42














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