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2022 Supreme(Bom) 392

M.S.SONAK
National Insurance Co. Ltd. – Appellant
Versus
Neelesh Raghavendra Naik – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. U.R. Timble, Advocate
For the Respondent:Ms. Renika D'souza, Advocate, Mr. Emerico E. Afonso, Advocate

JUDGMENT :

Heard Mr. U.R. Timble, learned Counsel for the appellant, Ms. Renika D'Souza, learned Counsel for respondent No.3 (owner/driver of the offending vehicle), and Mr. Emerico Afonso, learned Counsel for respondent No.4.

2. Though the respondent-claimants are served, today, they are neither present nor represented. This matter was adjourned from yesterday, i.e. 18.01.2022, to enable the learned Counsel for the respondent-claimant to appear. Mr. Timble gave necessary intimation to the learned Counsel and even the registry of this Court gave necessary intimation to the learned Counsel for the respondent-claimant. However, today, there is no appearance on behalf of the respondent-claimant. This matter is of the year 2013 and the same can therefore brook no further delay.

3. The challenge in this appeal is to the judgment and order dated 01.12.2011 made by the Motor Accident Claims Tribunal allowing the claimant's petition in the following terms:

    'The petition is partly allowed holding the respondents no.1-3 jointly and severally liable to pay the compensation in the sum of 20,02,600/- Rs. to the claimant which shall carry interest at the rate of 9% p.a. from the date of the applicat

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