R. K. DESHPANDE, J.

( 1 ) THE notice in this appeal was issued on 17th June, 2009 making it clear that the matter is to be decided finally at the stage of admission. On 5th September, 2009, the matter was listed for admission, however none appeared for the respondent No. 4, the owner of the vehicle and hence the matter was again posted for final disposal on 9th September, 2009 to be heard at the end of admission board. The matter was thereafter listed for final disposal at the end of admission board on 14th September, 2009. Shri. S. G. Chapalgaonkar, the Advocate appeared for the appellant insurance company whereas, Miss. Swapna Bahalkar, the Advocate appeared for the respondent No. 3 claimant. None appeared for the respondent No. 4, the owner of the vehicle. Admit. Heard by the consent of parties, finally.

( 2 ) THIS is an Appeal preferred by the Insurance Company-original respondent No. 2 in M. A. C. P. No. 607/2005 challenging the judgment and Award dated 17. 11. 2008 passed by the learned Member, Motor Accident Claims Tribunal, Ahmednagar holding the appellant and the Respondent No. 4 herein, the owner of the truck bearing No. MH17k5292, jointly and severally liable to pay the

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