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2022 Supreme(Bom) 547

M.S.SONAK
Valarie Carvalho D/o Alfred F. Carvalho – Appellant
Versus
Sanjay D. Halarnkar S/o Dattaram D. Halarnkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J.J. Mulgaonkar.
For the Respondent: Mr. A.R.S. Netravalkar.

JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Mulgaonkar, learned counsel for the appellants and Mr. Netravalkar learned counsel for respondent No. 3-insurance company.

2. The learned counsel for the parties agree that both these appeals can be disposed of by a common judgment and order even though they arise from two separate claim petitions instituted by two sisters on account of injuries sustained by them in the accident that took place on 31.05.2011.

3. The findings of non-involvement or in any case absence of rashness and negligence on the part of the driver of the offending vehicle i.e. Maruti Zen bearing Registration No. GA-07-E-3650 is common to both the impugned awards. The Motor Accident Claims Tribunal has however determined the quantum of compensation separately in both matters. In such circumstances, it is only appropriate that both these appeals are taken up and disposed of by a common judgment and order.

4. As noted earlier, the tribunal, in this case, has held against the claimants on the issue of involvement of the offending vehicle or the issue of rashness and negligence on the part of respondent No. 1, the driver of the offending vehicle. Thereafter, in Claim Petition No. 21

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