Bombay High Court
United India Insurance Com. Ltd. Madras vs Smt. Malan Wd/O Maroti Bawane ... on 21 January, 2013
Author: M.N.Gilani
Bench: M.N.Gilani
fa280.04.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.280 OF 2004
United India Insurance Company Ltd.,
Registered Head Office at 24,
Whites Road, Madras - 600 014. ..... Appellant.
vs.
1. Smt. Malan wd/o Maroti Bawane
Aged about : 40 years,
Occupation : Housewife.
2. Uttam S/o Maroti Bawane
Aged about : 20 years,
Occupation : Student.
3. Sudhir s/o Maroti Bawane
Aged about : 15 years,
Occupation : Student, minor
through guardian Mother
Applicant No.1
All R/o : Borda, Tahsil and
District : Chandrapur.
4. M/s. Ballarpur Industries Ltd.,
at Ballarpur, Tah. & District
Chandrapur through Chief
General Manager,
Ballarpur, Tahsil & District
Chandrapur.
5. Milkatsingh S/o Jogindersingh Sandhu (Deleted)
Aged about : 43 years,
Occupation : Driver,
R/o Paper Mills Colony,
.....2/-
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fa280.04.odt
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Ballarpur Industries Ltd.,
Ballarpur, Tah. & District
Chandrapur. ..... Respondents.
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Shri S.N.Dhangare, counsel for the Appellant.
None appeared for Respondents.
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CORAM : M.N.GILANI
, J
.
DATE : JANUARY 21, 2013.
ORAL JUDGMENT.
1) The judgment and award dated 6.10.2001, passed by the Motor Accident Claims Tribunal, in Motor Accident Claim Petition No.28 of 1996, is impugned in this appeal.
2) On 16.12.1995, motor-cycle bearing Registration No.MH-34-1332 while negotiating the road between villages Borda and Kesalghat, was dashed by the truck bearing Registration No.MH-34-A-3005. The driver of the motor-cycle and two pillion riders sustained injuries and succumbed to them. In the present case, the deceased left behind him widow and two children. They claimed compensation of Rs.
1,50,000/-. However, the learned Tribunal awarded to Rs.27,600/-.
3) Before the learned Tribunal issues were, (i) whether there .....3/-
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(ii) whether the Insurance Policy was enforced on the date when accident occurred?
4) None appeared for respondents.
5) This Court in two connected appeals being First Appeal
Nos.542 of 2002 and 549 of 2002 held that the findings recoded by the learned Tribunal on the issue of negligence of the truck driver and apportionment of the compensation was consistent with the evidence placed on record. As regards the issue of existence of the policy it was found that the liability of the owner of the offending truck was covered by the policy. In that view of the matter and for the reasons recorded in the judgment delivered by this Court on 4.9.2012 in First Appeal Nos.542 of 2002 and 549 of 2002, this appeal also does not survive.
Appeal is dismissed accordingly. There shall be no order as to costs.
The amount of compensation deposited by the appellant either with the Registry or with the learned Tribunal and not yet disbursed be paid to the claimants in terms of the award .....4/-
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JUDGE // BRW // ...../-
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