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2022 Supreme(Bom) 397

M.S.SONAK
Jayant K. Naroji, son of Shri Kashinath Naroji – Appellant
Versus
Shubhangi Santosh Naik, w/o late Santosh Shiva Naik – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.S. Kakodkar, Advocate
For the Respondent:Mr. Arjun F. Naik, Mr. Amey Kakodkar, Advocate

JUDGMENT :

1. Heard the learned counsel for the parties.

2. The learned counsel for the parties agree that both these appeals can be disposed of by a common judgment and order since the main issue involved in both these appeals is common.

3. In both these appeals, the appellant (owner of the vehicle) questions the judgments and awards dated 23.08.2012 made by the Motor Accident Claims Tribunal, Margao, (Tribunal) holding inter alia that the respondents – Insurance Company is not liable to pay the compensation amount determined, inter alia on the ground that there was a breach of essential terms of the insurance policy or that the policy did not cover any liability towards occupants/passengers in the vehicle.

4. Initially the tribunal vide its judgment and award dated 29.08.2008 had exonerated the insurance company. However, these awards were challenged by the present appellants by instituting First Appeal Nos.115 and 117 of 2010. These First Appeals were partly allowed by this Court by making the following order :

    “In view of the above, I pass the following order :

ORDER

(i) Both the appeals are partly allowed.

(ii) The impugned judgments in both the above appeals dated 29.08.2008 are quas

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