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2024 Supreme(Online)(Bom) 4938

BOMBAY HIGH COURT
SHIVKUMAR DIGE, J
SMT. SUNITA RAJENDRA GAIKWAD AND ORS. – Appellant
Versus
SHRI SADASHIV DAGDU SHINDE AND ANR. – Respondent


Advocates:
Mr. Rajshekhar S. Alanage, Advocate for the Appellants in both the appeals. Mr. Dinesh Bhosale, Advocate for Respondent No.1 in both the appeals. Ms. Shalini Shankar, Advocate for Respondent No.2 in both the appeals.

Oral Judgment :

1. By way of these appeals, the Appellants/Claimants are seeking pay and recovery order. Both these appeals are arising out of the same accident, hence, I am deciding it by this common judgment.

2. It is contention of learned counsel for the Appellants/Claimants that the Tribunal has observed that there was breach of terms and conditions of the Insurance Policy, as the deceased was travelling in the tractor which was commercial vehicle.

The Tribunal has exonerated the Insurance Company, which is erroneous. The Tribunal should have passed pay and recover order.

Hence, requested to allow these Appeals.

3. He relied on Anu Bhanvara & Ors. Vs. IFFCO TOKIO General Insurance Company & Ors. 2019 ACJ 2802 .

4. It is contention of learned counsel for the Respondent No.2/Insurance Company that deceased was gratuitous passenger in the tractor. The tractor was commercial vehicle. There was breach of terms and conditions of Insurance Policy. The Insurance Company is not liable to pay the compensation. The Tribunal has considered all the aspects while passing judgment and order. No interference is required in it.

5. I have heard both learned counsel. Perused judgment and order passed by

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