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2013 Supreme(Bom) 2552

A.S.OKA, REVATI MOHITE DERE
Oriental Insurance Co. Ltd. – Appellant
Versus
Meena Tukaram Jadhav – Respondent


Advocates Appeared:
Mr. S.S. VIDYARTHI for the Appellant in all the First Appeals and for applicants in CAF Nos. 2500/2012, 2513/2012, 2519/2012, 2511/2012.
Mr. A.A. KUMBHAKONI i/b Mr. TEJAS D. DESHMUKH for the respondent No. 1 to 3 in First Appeal No. 1630 of 2012 and for the applicant in Cross Objection St.no. 29695/2013 and in CAF 4140/2012.
Ms. URMILA SANIL for respondent No. 4 in FA Nos. 573/2013, 700/2013, 1369/2012 and for respondent No. 8 in FA No. 1630/2012.
Mr. T.J. Mendon for respondent Nos. 4 and 5 in FA No. 1630/2012.

JUDGMENT

A.S. OKA, J.

These appeals arising out of Judgments and Awards made by learned Member of the Motor Accident Claims Tribunal, Mumbai can be disposed of by a common Judgment and Order as claims arising out of the same accident have been decided by the Tribunal by the impugned Judgments and Awards.

2. The accident occurred on 28th August 1998. The members of Borkar Family had hired a auto rickshaw at the place known as Kodibaug, near Karwar in the State of Karnataka and they were proceeding towards Karwar Beach by the auto rickshaw on High way No. 17. When the auto rickshaw reached in front of the RTO Office at Karwar, a truck came from the opposite direction and collided with the auto rickshaw. The allegation in the claim petitions is that the truck was being driven in a rash and negligent manner. As a result of the dash given by the truck, the occupants of the auto rickshaw sustained injuries. The truck was owned by one Prabhakar Naik which was insured on the date of accident with the Oriental Insurance Company Limited (the appellant). The auto rickshaw was insured at the relevant time with the National Insurance Company Limited which is one of the respondents in Appeals.

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