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2017 Supreme(Bom) 1290

S.B.SHUKRE
New India Assurance Company Limited – Appellant
Versus
Samindrabai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A.J. Pophaly, Advocate
For the Respondents:R.L. Khapre, Advocate

JUDGMENT :

1. This judgment disposes of First Appeal filed by the insurer and the X-Objection preferred by original claimants (respondents no. 1 to 7). Parties shall be hereinafter referred to as per their status in first appeal.

2. Appellant is the insurer of TATA chasis bearing temporary registration No. MH-12/ 623 which was involved in the accident. It was owned by respondent no. 9. Respondent no. 1 is the widow of deceased Bhagwan Kharde; respondents no. 2 to 6 are the children of the deceased and respondent no. 7 is the mother of the deceased. Respondent no. 10 is also joined as party-respondent to the claim petition. As per her case, she was the first wife of the deceased. The Award has been passed for Rs. 1,82,500/- in favour of respondents no. 1 to 7 and respondent no. 10. The liability to pay the amount of the Award has been fastened jointly and severally upon the appellant-insurer and respondent no. 8 Prithvi, driver of the TATA Chasis involved in the accident.

3. On 3.7.1997 at about 02.30 pm, deceased Bhagwan, wanting to return home as soon as possible in order to se


























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