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2019 Supreme(Bom) 1732

R.D.DHANUKA
United India Insurance Company Limited – Appellant
Versus
Kunti Binod Pande – Respondent


Advocate Appeared:
For the Appellant :Nikhil Mehta, Rahul Mehta /b M/s. KMC Legal Venture, Advocates.
For the Respondents:Rina Kundu, Advocate.

JUDGMENT :

1. By this first appeal filed under section 173 of the Motor Vehicles Act, 1988, the appellant (original opponent no.2) has impugned the judgment and award dated 15th December, 2014 passed by the Motor Accident Claims Tribunal, Vasai (for short “MACT”) in MACP No.144 of 2012 allowing the claims made by the respondent nos.1 to 4 (original applicants) partly and directing the appellant to pay an amount of Rs.89,75,500/- inclusive of “No Fault Liability” with interest at the rate of 8% p.a. from the date of application till realization jointly and severally with the original opponent no.1. It was further directed that the appellant shall indemnify the opponent no.1 insured and do pay the entire amount of compensation. By consent of the appellant and the respondents (original applicants), the first appeal is heard finally at the admission stage. Some of the relevant facts for the purpose of deciding the first appeal are as under :

2. The original applicants are wife, sons and the children of the deceased Vinod Pande respectively who met with a vehicular accident on 31st October, 2012 at 10.10 p.m. near Kitchen Garden Hotel, Waliv Naka. It was the case of the respondent nos. 1

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