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2020 Supreme(Bom) 55

M.G.GIRATKAR
National Insurance Company Ltd. Through its Manager – Appellant
Versus
Dilip – Respondent


Advocates Appeared:
For the Appellant : Anita Mategaonkar, Adv.
For the Respondents: P.P. Pendke, Adv.

JUDGMENT :

1. Heard learned Advocate Ms. Anita Mategaonkar for the appellant/Insurance Company and Shri P.P. Pendke, learned Advocate for respondents/claimants.

2. These appeals are arising out of same accident. Deceased Naresh and Kishor were travelling in offending vehicle Tata 909 bearing registration no. MH/33/4117. Both were working as a coolie in the said vehicle. Paddy bags were loaded in the said vehicle. The driver of the said vehicle drove rashly and negligently, therefore turned turtle. Both the coolies died in the accident. The legal heirs of deceased filed respective claim petitions before the Claim Tribunals.

3. The Claim Tribunal partly allowed the petitions and granted compensation to the claimants in both the claim petitions. 4. The present appeals are against the judgment of Claim Tribunal on the ground that driver was not having valid driving licence. The claimants

4. failed to prove the income of the deceased and, therefore, prayed to quash and set aside the impugned judgment.

5. Learned Advocate Ms. Anita Mategaonkar has submitted that driver was having licence to drive light motor vehicle. Learned Advocate Shri Pendke pointed out impugned judgment. In the impugned

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