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2012 Supreme(Bom) 868

A.M.KHANWILKAR, S.S.SHINDE
United India Insurance Company Limited – Appellant
Versus
Sugra Riyaz Varawalla – Respondent


Advocates Appeared:
For the Appellant:Rahul Mehta i/by M/s. KMC Legal venture, Advocates.
For the Respondents:Mrs. P.R. Gupta i/by Deshmukh & Bhalwal, Advocates.

Judgment

A.M. Khanwilkar, J.

Heard the counsel for the parties.

2. This appeal takes exception to the judgment of the Motor Accident Claims Tribunal, Mumbai, dated 30th September, 2011 in Claim Application No.2892 of 2004. The tribunal has passed the following order, which is the subject-matter of challenge in the present appeal:-

"ORDER"

1) Application is partly allowed with proportionate costs.

2) Opposite party and the insurer shall jointly and severally pay compensation of Rs.69,18,712/-(Rupees Sixty Nine lacs Eighteen Thousand Seven Hundred Twelve only) inclusive of NFL amount along with interest @ 8.5% per annum from the date of this application till realisation of entire award amount to applicant, by issuing A/c. Payee cheque of 50% amount in the name of applicant No.1 Sugra, by issuing A/c. Payee cheque of 20% amount in the name of applicant No.2 Asma, by issuing A/c. Payee cheque of 20% amount in the name of applicant No.3 Fazlerazzak and by issuing A/c. Payee cheque of 5% amount in the name of applicant No.4 Saify and by issuing A/c. payee cheque of 5% amount in the name of applicant No.5 Zarina, within four weeks from the date of this order.

3) It is further directed that





































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