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2011 Supreme(Bom) 229

SHRIHARI P.DAVARE
Samina w/o Hafizuddin Siddiqui – Appellant
Versus
Sk. Saleem s/o Sk. Mehboob – Respondent


Advocates appeared:
For the Appellants:A.A. Dabir, Advocate. For the Respondents:R1, Smt. V.Kudmulwar, R2, Smt. V.A. Shinde, (Absents), R3, D.S. Kulkarni, holding for S.L. Kulkarni, R4, Served but Absent, R5, A.A. Joshi, Advocates.

JUDGMENT :

1. The challenge in this appeal is to the judgment and award, dated 18.9.1996, rendered by the learned Member, Motor Accident Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No. 226 of 1992, which has been filed by the original claimants for the enhancement of compensation. The appellants herein are the original claimants i.e. the heirs and legal representatives of deceased Hafizuddin; whereas respondent no.1 Shaikh Saleem Sk. Mehboob is the driver of offending vehicle Matador, bearing registration No. MH-20/A-3638 and respondent no.

2, namely Raosaheb Kadam is the owner of the said Matador. Respondent no.3-New India Insurance Company is the insurance company of the said Matador, however, respondent no.4 Ravan is the owner-cum-driver of the motor cycle and the deceased was the pillion rider, to which the offending vehicle Matador dashed, and respondent no.5 is the Oriental Insurance Company i.e. the insurance company of the said motor cycle, bearing registration No. MAA-6425.

2. The facts, which gave rise to the present appeal, can be briefly stated that on 11.5.1992 at about 6.00 p.m., respondent no.4 Ravan was riding the motor cycle, being registration No.































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