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2013 Supreme(Bom) 1957

MRIDULA BHATKAR
New India Assurance Company Ltd. – Appellant
Versus
Janabai – Respondent


Advocates Appeared:
For the Appellant:S.G. Chapalgaonkar, Advocate.
For the Respondents:R1 & R2, S.S. Patil, Advocate.

JUDGMENT

1. Heard learned counsel for respective parties.

2. Admit.

3. Learned Counsel Shri S.S. Patil waives notices for Respondent Nos. 1 & 2 in First Appeal No. 2575/2012 and also waives notice Respondent No. 1 in First Appeal No. 2548/2012. By Consent of learned Counsel for the parties, first appeals are heard finally at the stage of admission.

4. Two first appeals are filed by the appellant/Insurance Company challenging the judgments and awards dated 16-06-2010 by the Member, Motor Accident Claims Tribunal, Amalner, Dist. Jalgaon in M.A.C.P. Nos.89/2006 and 90/2006, whereby allowing the compensation for the death.

FACTS OF THE CASE

5. The main defence taken by the learned Counsel for the appellant/Insurance Company is that the vehicle involved in the accident is goods vehicle an Isher truck, and both the deceased were travelling as passengers in the said truck. They were neither owners of the goods nor the persons authrorised who can be covered under the policy. Therefore, the appellant/Insurance Company is not liable to pay any compensation.

6. The learned Counsel for the appellant-Insurance Company relied on Section 147 and 149 of the Motor Vehicles Act, 1988 (hereinafter for




























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