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2019 Supreme(Bom) 600

SUNIL K.KOTWAL
Kamal – Appellant
Versus
Archana Raju @ Rajaram Bhujbal – Respondent


Advocates Appeared:
S.T. Shelke, Adv., S.V. Kulkarni, Adv.

JUDGMENT :

Sunil K. Kotwal, J.

This appeal is directed by original respondent No.1 in Motor Accident Claims Petition ("MACP", for short) No.559 of 2007 against the judgment and award passed by the Motor Accident Claims Tribunal ("Tribunal", for short), Ahmednagar, whereby compensation of Rs.4,44,000/- was awarded to claimant Nos.1 to 3 and joint and several liability to pay the compensation was saddled on the then opponent Nos.1 and 2 and direction was given to opponent No.2 - United India Insurance Company to first pay the compensation to the claimants and lateron recover it from opponent No.1, who is owner of the offending tanker. Respondent Nos.1 to 3 are original claimants and respondent No.4 is the original opponent No.2 Insurance Company. Hereinafter the parties are referred in accordance with their status in the proceedings before the Tribunal as claimants, owner of the offending vehicle and insurer of the offending vehicle.

2. Facts leading to institution of this appeal, in brief, are that on 12th January, 2007, deceased Raju @ Rajaram Dnyandeo Bhujbal was riding his motorcycle from Kedgaon towards Ahmednagar and that time, tanker bearing registration No.MH-18-C/7200 came from









































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