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2016 Supreme(Bom) 1238

NUTAN D.SARDESSAI
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
GULAM MOHAMMAD – Respondent


Advocates Appeared:
For the Appellant :Shri A.R. Kantak, Advocate with Ms. R. Kantak, Advocate
For the Respondent:Shri S.S.Kakodkar, Shri J. Ramaiya, Advocate

JUDGMENT :

1. This is an Insurer's appeal assailing the Award passed by the learned Motor Accident Claims Tribunal, South Goa, Margao dated 10.12.2008 pursuant to which the then learned Presiding Officer, M.A.C.T. Margao allowed the petition partly holding the first set of the respondents jointly and severally liable to pay the compensation in the amount of Rs. 7,03,356/-with interest to the claimants and exonerating the respondents no.4 and 5 from any liability arising from the same accident. The cross-objections are at the instance of the original claimant-respondent no.1 feeling aggrieved by the findings of the learned M.A.C.T. pursuant to which certain amounts were not awarded in his favour and pressing for a reversal of the impugned judgment on the limited extent by the grant of the said benefits in his favour on various heads set out in detail therein. Suffice it to say that the parties would be referred to as the Insurer, the claimant and the respondents for brevity's sake hereinafter.

2. Shri A.R. Kantak, learned Advocate for the Insurer gave a brief account of the accident which had taken place on 10.4.2005 at 15.15 hours on NH-17-A allegedly involving the truck insured with

















































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