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2022 Supreme(Bom) 1392

R.G.AVACHAT
New India Assurance Company Limited – Appellant
Versus
Yeshubai Bhimsing Gavit – Respondent


Advocates appeared:
Mohit R. Deshmukh, Advocate, P.C. Mayure, Advocate, Amit S. Savale, Advocate

JUDGMENT

R. G. avachat, J. - This is an Insurance Company's appeal, taking exception to a judgment and award dated 12/2/2019, passed by Motor accident Claims Tribunal (Tribunal), Nandurbar in Motor accident Claim Petition (MaCP) No.206/2014. The challenge herein is mainly to the direction to the appellant Insurance Company to pay respondents/ claimants the amount of compensation granted under the impugned award and then recover the same from the owner of the vehicle involved in the accident (respondent No.4).

2. Facts giving rise to the present appeal are as follows :-

    a goods carriage truck bearing Registration No.GJ-16/V-3312 met with the accident at 10.30 p.m. on 24/2/2014. Deceased Bhimsing was travelling in the ill-fated truck. The accident took place since the truck hit a roadside stone, whereby the deceased sitting on the back side plank of the truck fell out and died of the injuries suffered thereby. His widow and two children (respondents No.1 to 3), therefore, preferred the petition for compensation. The Tribunal awarded compensation amounting to Rs.2,59,000/- with interest thereon. Since it was a goods carriage and risk of passengers travelling therein had not been covered

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