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2018 Supreme(Bom) 2859

V.M.DESHPANDE
Sunita – Appellant
Versus
Santosh – Respondent


Advocates Appeared:
Mr. P. D. Meghe, Advocate, for the Appellants; Mr. G. G. Mishra, Advocate for Mrs. I.L. Bodade, Advocate, for the Respondents

JUDGMENT

V. M. Deshpande, J. (Oral) - The present appeal is directed against the judgment and award passed by the learned Member, Motor Accident Claims Tribunal, Pusad dated 08.8.2007 in Motor Accident Claim Petition No. 86 of 2005. By the impugned judgment, the claim petition filed under Section 166 of the Motor Vehicles Act by the appellants/claimants was partly allowed. The Court below directed the respondents herein to pay jointly and severally compensation to the tune of Rs. 1,82,000/- which is inclusive of No Fault Liability claim. Thus, the Court below directed the respondents to pay an amount of Rs. 1,32,000/- to the present appellants along with interest @ 7.5% per annum. How that compensation should be distributed that apportionment is indicated in the impugned judgment and award.

2. I have heard Shri P.D. Meghe, the learned counsel for the appellant and Shri G.G. Mishra, the learned counsel holding for Mrs. I.L. Bodade, the learned counsel for respondent no.2. Though, respondent no.1 is duly served, he chose not to appear before this Court.

3. The undisputed facts giving rise to the present appeal are as under :

    Vinod Jadhav, on 28.3.2005 at about 20.30 hours, was standin

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