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2019 Supreme(Bom) 590

SUNIL K.KOTWAL
SBI Insurance Company, Through Its Manager, Aurangabad – Appellant
Versus
Madhubala – Respondent


Advocates Appeared:
S.S. Patil, Adv., Ram S Shinde, Adv., A.K. Gawali, Adv.

JUDGMENT :

Sunil K. Kotwal, J.

This appeal is directed by SBI Insurance Company Ltd., which was respondent No. 3 in Motor Accident Claims Petition ("MACP", for short) No.307/2015, against the judgment and award dated 7th March, 2018 passed by the Motor Accident Claims Tribunal ("Tribunal", for short), Latur in MACP No.307/2015, whereby compensation of Rs.11,93,200/- was awarded and joint and several liability was saddled on original respondent Nos.1 to 3. In this appeal, respondent Nos.1 to 3 are original claimants. Respondent No.2 is original owner of offending vehicle in the claim proceeding. Respondent No.5 is driver of the offending vehicle.

2. Heard Shri S.S. Patil, learned counsel for the appellant - Insurance Company, Shri Ram S. Shinde, learned counsel for respondent Nos.1 to 3 - original claimants and Shri A.K. Gawali, learned counsel for respondent No.4. Hereinafter the parties are referred in accordance with their status in the original proceeding.

3. The facts, in nutshell, are that on 19th November, 2015 when the deceased was riding his motorcycle by Nilanga to Kasar-Sirsi road, the offending private bus, bearing registration No. MH12-KQ-0881 came from the opposite directi














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