SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Bom) 655

R.G.AVACHAT
Vaijayantabai Namdeo Patil – Appellant
Versus
New India Insurance Company Ltd. – Respondent


Advocates appeared:
Shri M.M. Bhokarikar, Advocate, for the Appellant / Shri A.S. Usmanpurkar, Advocate, Shri Shantanu A. Deshpande, Advocate, Shri P.R. Patil, Advocate, for the Respondent.

ORDER

1. Heard learned counsel for the parties. This is an application for condonation of delay of 2266 days in preferring First Appeal against the judgment and award dated 24/6/2010, passed by the Member, Motor Accident Claims Tribunal (MACT), Jalgaon in Motor Accident Claim Petition No.53/2005.

2. The applicants are legal representatives/ Class-I heirs of deceased Rajendra Patil, who died in the accident involving motor vehicle on 27/9/2000. The applicants preferred claim for compensation. The same was allowed. The claim was quantified at Rs.4,17,500/-. The Tribunal found the deceased Rajendra Patil, an employee of original respondent No.2. It found that the liability cannot exceed the liability of the employer under Workmen's Compensation Act. The Tribunal, therefore, directed the Insurance Company and the owner of the vehicle to pay the applicants (appellants) a sum of Rs.3,05,775/- with interest thereon @ 7.5% p.a. The Tribunal further directed that the remaining amount of the award with 7.5% interest may be recovered from the legal representatives of the original respondent No.2.

3. Shri Bhokarikar, learned counsel for the applicants would submit that the applicants are poor. Th

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top