JUDGMENT :

1. Heard Mr. Amey Kakodkar, learned Counsel for the appellant, Mr. A.R.S. Netravalkar learned Counsel for respondents nos.1 to 4 and Mr. J. Godinho, learned Counsel for respondents nos.5 & 6. Other respondents, though served, are neither present nor represented through their Counsel.

2. The challenge in this appeal is to the judgment and award dated 22.07.2011 made by the Motor Accidents Claims Tribunal (Tribunal) disposing of Claim Petition No.8 of 2009 awarding compensation of Rs.17,76,800/-together with interest at the rate of 8% per annum from 29.01.2009, i.e. the date of application till actual payment. The apportionment has been clarified in the operative portion of the award itself.

3. Mr. Kakodkar, learned Counsel for the appellant, at the outset, pointed out that in this appeal the appellant had challenged the findings of the Tribunal on the aspect of negligence. He, however, fairly placed on record judgment and order dated 14.10.2021 passed in First Appeal No.57 of 2012 for consideration of this Court.

4. First Appeal No.57 of 2012 was concerned with the very same accident, which is the subject matter of the present First Appeal. In the said judgment and order date