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2017 Supreme(Bom) 1795

S.B.SHUKRE
New India Assurance Company Limited – Appellant
Versus
Paikaji S/o. Asuji Lambade – Respondent


Advocates Appeared:
For the Appellant :Shri Sahare h/f. Shri S.S. Sanyal, Advocate.
For the Respondent:Shri B.B. Raipure, Advocate, Ms. Aakanksha h/f. Shri Anilkumar, Advocate.

JUDGMENT :

1. These appeals are being disposed of by a common judgment as the claims involved in these appeals arise out of the same accident and the issues involved are also common.

2. These appeals question the legality and correctness of the judgment and order dated 30th August, 2005, rendered in MACP Nos.133/2002, 132/2002 and Judgment and order dated 31st August, 2005, rendered in M.A.C.P. Nos.134/2002, 135/2002, by the Motor Accident Claims Tribunal, Chandrapur.

3. These four appeals have been filed taking an objection that in cases like these, no order of pay and recover could have been passed by the Tribunal against the appellant.

4. I have heard Shri Sahare holding for Shri S.S. Sanyal, learned counsel for the appellant in all these appeals, Shri B.B. Raipure, learned counsel for the claimants in these appeals and Ms. Aakanksha holding for Shri Anilkumar, learned counsel for the owner of the offending vehicle. (For the sake of convenience, the appellant, claimants and the owner are being hereinafter referred to as the insurance company, claimants and owner of the offending

























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