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2018 Supreme(Bom) 2640

P.R.BORA
New Indian Insurance Company Ltd Through Its Authorized Signatory/senior Divisional Manager/in-charge Legal Hub, Mahesh Compound – Appellant
Versus
Archana Wd/o Rambhau Anjaan – Respondent


Advocates Appeared:
Mohit Deshmukh, Adv., P.C. Mayure, Adv., Shaikh Afreen, Adv.

JUDGMENT

P.R. Bora, J. - These seven appeals are arising out of one accident happened on 28.05.2015 having involvement of a truck bearing Registration No. MH20-BT-3578 owned by present respondent no.6 and insured with the appellant-insurance company.

    Though the Motor Accident Claims Tribunal at Aurangabad has decided each of the claim petition by a separate judgment, the defences raised by the insurance company in all those petitions were common. The appellant-insurance company though has filed separate appeals in view of the fact that every petition was decided by a separate judgment, common objections are raised by the insurance company in exception to the judgments and awards passed in the aforesaid claim petitions. In the circumstances, I heard the common arguments in these appeals and I deem it appropriate to decide all these appeals by a common reasoning.

    2. The First Appeal No.1983 of 2018 is filed against the judgment and award passed in Motor Accident Claim Petition No. 477 of 2015. The said claim petition was filed by the legal representatives of deceased Rambhau Anjaan, who suffered death in the aforesaid accident. The claimants in the remaining six petitions are the pers

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