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2017 Supreme(Bom) 2112

G.S.PATEL
Mahavir Sampat Keskar – Appellant
Versus
Suresh Krishnaji Deshpande – Respondent


Advocates Appeared:
For the Appellant :Mr. D.W. Bhosale, Advocate.
For the Respondent:Mr. Ketan V. Joshi, Advocate, Mrs. Sucheta D. Ghaisas, i/b S.S. Jinsiwale, Advocates.

JUDGMENT :

G.S. PATEL, J.

1. Admit.

2. By consent, taken up for hearing and final disposal on the basis of the papers on record in the Appeal paper-book and annexed to the Civil Application.

3. The Appeal is directed against an order and judgment dated 29th June 2011 of the Motor Accident Claims Tribunal, Pandharpur. The Appellant ("Keskar") is the original Applicant. In this appeal, he seeks enhancement of the compensation awarded. There were two individuals arrayed as Opponents Nos. 1 and 3 to the claim. Opponents Nos. 2 and 4 were, respectively, the insurers of Opponents Nos. 1 and 3.

4. This is how the matter arises. Opponent No. 1 ("Deshpande") owned a Premier Padmini No. MH-21-B-0074. This was insured with the United Insurance Co Ltd, Opponent No. 2. Opponent No. 3 ("Lokare") owned an Escort Tractor No. MH- 13-J-8695, and this was insured with the Oriental Insurance Co Ltd, Opponent No. 4.

5. On 17th January 2008 at about 10.00 a.m. Keskar, the Applicant, was travelling from Keskarwadi to Bhalvani, Taluka Pandharpur on a motorcycle. Keskar was driving the motorcycle. His frie



































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