fa2059.09-
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FIRST APPEAL NO. 2059 OF 2009
M/S National Insurance Company Limited,
having its registered office at
3, Middlton Street, Calcutta-700 071
Branch at Nagina Ghat Road, Nanded
and Divisional Office at Hazari Chambers,
Station Road, through its Divisional Manager
Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant
VERSUS
1. Chandrakala w/o Nagorao Kavde,
Age. 25 years, Occu. Household,
2. Taramati d/o Nagorao Kavde,
Age. 9 years, Occu. Minors,
3. Godavri d/o Nagorao Kavde,
Age. 7 years, Occu. Minors,
4. Datta s/o Nagorao Kavde,
Age. 5 years, Occu. Minors,
5. Santosh s/o Nagorao Kavde,
Age. 3 years, Occu. Minors,
All minors are U/G of Their real
mother applicant No. 1 and R/o.
Mudkhed, Tq. Palam, Dist. Parbhani.
6. Nilubai w/o Madhavrao Kavde,
Age. 50 years, Occu. Household,
R/o. As above.
7. Ramprasad Gopikishan Toshniwal,
Age. Major, Occu. Business,
R/o. Near Bajan Hospital,
Vajirabad, Nanded, (Owner: MWP-6729)
8. Pandurang Raosaheb Kadam,
Age. Major, Occu. Business,
R/o. Sawargaon, Tq. Loha ,Dist. Nanded.
(deleted) ...Respondents
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fa2059.09-
-2-WITH FIRST APPEAL NO. 2060 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Suman w/o Dattta Hake, Age. 25 years, Occu. Household,
2. Rahul s/o Datta Hake, Age. 07 years, Minor
3. Sachin s/o Datta Hake, Age. 5 years, Minor
4. Ranubai w/o Vishvanath Hake, Age. 25 year, Occu. Household, All Minor U/G their real mother applicant No. 1 and all R/o. Risangaon, Tq. Loha, Dist. Nanded.
5. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
6. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded.
(deleted) ...Respondents
WITH
FIRST APPPEAL NO. 2061 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-3-1. Rukminbai w/o Vasant Panchal, Age. 40 years, Occu. Household
2. Prabhavati d/o Vasant Panchal, Age. 12 years, Minor
3. Rekha d/o Vasant Panchal, Age. 10 years, Minor
4. Gajanan s/o Vasant Panchal, Age. 7 years, Minor All minors U/G their real mother applicant No. 1 and R/o Risangaon, Tq. Loha, Dist. Nanded.
5. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
6. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (deleted). ...Respondents WITH FIRST APPPEAL NO. 2062 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Mahananda w/o Balaji Eklare, Age. 30 years, Occu. Household
2. Shushikant s/o Balaji Eklare, Age. 15 years, Minor
3. Rasika d/o Balaji Eklare, Age. 10 years, Minor Both U/G their real mother applicant No. 1 and R/o. Risangaon, Tq. Loha, ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-4-Dist. Nanded.
4. Rukhminbai w/o Ganpat Eklare, Age. 50 years, Occu. Household, R/o. As above.
5. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
6. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (deleted). ...Respondents WITH FIRST APPPEAL NO. 2063 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Shivkantabai w/o Digambar Eklare, Age. 32 years, Occu. Household
2. Bainabai d/o digambar Eklare, Age. 14 years, Minor
3. Maroti s/o Digambad Eklare, Age. 05 yeas, Minor U/G ship of Applicant No. 1 and R/o. Risangaon, Tq. Loha, Dist. Nanded.
4. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
5. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted) ...Respondents.
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-5-WITH FIRST APPPEAL NO. 2064 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Radhabai w/o Maroti Jadhav, Age. 25 years, Occu. Household, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Laxman s/o Maroti Jadhav, Age. 10 years, Minor U/G mother Applicant No. 1, R/o. As above
3. Balaji s/o Maroti Jadhav, Age. 8 years, Minor U/G mother Applicant No. 1, R/o As above
4. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
5. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted). ...Respondents WITH FIRST APPPEAL NO. 2065 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Kavita w/o Balaji Dhulgunde, Age. 25 years, Occu. Household, ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-6-2. Anita d/o Balaji Dhulgunde, Age. 10 years
3. Dashrath s/o Balaji Dhulgunde, Age. 7 years
4. Gajanan s/o Balaji Dhulgunde Age. 5 years Minors U/G of their real mother applicant No. 1 and R/o. Risangaon, Tq. Loha, Dist. Nanded.
5. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
6. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted) ...Respondents WITH FIRST APPPEAL NO. 2066 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Kantabai w/o Rangnath Jadhav, Age. 40 years, Occu. Household, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. ...Respondents ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-7-WITH FIRST APPPEAL NO. 2067 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Salubai w/o Mahadeo Shinde, Age. 40 years, Occu. Household, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted). ...Respondents WITH FIRST APPPEAL NO. 2068 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Vasantrao Sambhaji Pawar, Age. 35 years, Occu. Agri.
R/o. Risangaon, Tq. Loha, Dist. Nanded.
2. Dnyanoba Vasantrao Pawar, Age. 15, Occu. Minor
3. Mohan Vasantrao Pawar, Age. 13 Occu. Minor 2 and 3 Minors U/G of Respondent No. 1 above ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-8-4. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
5. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted) ...Respondents.
WITH FIRST APPPEAL NO. 2069 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Laxmibai w/o Kishanrao Pawar, Age. 50 years, Occu. Household, R/o. Risangaon, Tq. Loha, Dist. Nanded.
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted) ...Respondents WITH FIRST APPPEAL NO. 2070 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-9-1. Pandurang s/o Dattatraya Renapure, Age. 55 years, Occu. Agri.
R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded, (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted). ...Respondents WITH FIRST APPPEAL NO. 2071 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Kantabai w/o Rajaram @ Raju Pawar, Age. 20 years, Occu. Household
2. Sumanbai w/o Rustam Pawar, Age. 45 years, Occu. Household Both R/o. Risangaon, Tq. Loha, Dist. Nanded
3. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
4. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted) ...Respondents WITH FIRST APPPEAL NO. 2072 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-10-Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Kushvarti w/o Kashinath Bhagwat, Age. 24 years, Occu. Household,
2. Madhav s/o Kashinath Bhagwat, Age. 4 years, Minor
3. Dattaprasad s/o Kashinath Bhagwat, Age. 2 years, Minor, All Minor U/G their real mother appliacant No. 1 and R/o. Mudkhed, Tq. Palam, Dist. Parbhani.
4. Subhadrabai w/o Kishanrao Bhagwat, Age. 50 years, Occu. Household, R/o. As above.
5. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
6. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. ...Respondents WITH FIRST APPPEAL NO. 2073 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Dwarkabai w/o Madhav Pandhre, Age. 23 years, Occu. Household,
2. Ashvini d/o Madhav Pandhre, Age. 2 years, Minors
3. Bhimrao s/o Madhav Pandhre, ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-11-Age. 1 years, Minors Both Minors U/G their real mother applicant No. 1 and R/o. Risangaon, Tq. Loha, Dist. Nanded.
4. Kausalya w/oBhimrao Pandhre, Age. 45 years, Occu. Household, R/o. As above
5. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded, (Owner: MWP-6729)
6. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted) ...Respondents WITH FIRST APPPEAL NO. 2074 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Vanabai w/o Ganpati Pawar, Age. 30 years, Occu. Household
2. Rameshwar s/o Ganpati Pawar, Age. 9 years, Minor
3. Dnyanubai d/o Ganpati Pawar, Age. 7 years, Minor
4. Janabai d/o Ganpati Pawar, Age. 5 years, Minor
5. Shyam s/o Ganpati Pawar, Age. 2 years, Minor All Minors U/G of their real mother applicant No. 1 and R/o. Risangaon, Tq. Loha, Dist. Nanded ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-12-6. Padminibai w/o Irwanta Pawar, Age. 55 years, Occu. Household, R/o. As above.
7. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
8. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. ...Respondents WITH FIRST APPPEAL NO. 2075 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Mathurabai w/o Maroti Habgunde, Age. 28 years, Occu. Household, (abated)
2. Tulsabai d/o Maroti Habgunde, Age. 10 years,
3. Champabai d/o Maroti Habgunde, Age. 7 years, Both Minors U/G their real mother applicant No. 1
4. Gangabai w/o Maroti Habgunde, Age. 25 years, Occu. Household, (abated)
5. Ramkrishan s/o Maroti Habgunde, Age. 7 years,
6. Ranubai d/o Maroti Habgunde, Age. 5 years, Both Minor U/G their real mother applicant no. 4. All R/o. Risangaon, Tq. Loha, Dist. Nanded.
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-13-7. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
8. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded (deleted). ...Respondents WITH FIRST APPPEAL NO. 2076 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Bhagirathibai w/o Vithal Pawar, Age. 30 years, Occu. Household
2. Sunita d/o Vithal Pawar, Age. 10 years, Minor
3. Usha d/o Vithal Pawar, Age. 8 years, Minor
4. Manisha d/o Vithal Pawar, Age. 8 years, Minor
5. Shital Vithal Pawar, Age. 10 years, Minor
6. Hanumant s/o Vithal Pawar, Age. 3 months Minor U/G of their real mother Applicant No. 1 and R/o. Risangaon,Tq. Loha, Dist. Nanded
7. Dhondiyabai w/o Bhahmaji Pawar, Age. 50 years Occu. Household, R/o. As above
8. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729) ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-14-9. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded.
(deleted) ...Respondents
WITH
FIRST APPPEAL NO. 2077 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nagina Ghat Road, Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Banabihari Dibyasing Patra, 51 years. ...Appellant VERSUS
1. Prabhavati w/o Ramrao Pawar, Age. 40 years, Occu. Household, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajan Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded.
(deleted) ...Respondents
WITH
FIRST APPPEAL NO. 2109 OF 2009 WITH CIVIL APPLICATION NO. 12580 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Jagdish s/o Malikarjun Eklare, Age. 25 years, Occu. Agriculture, R/o. Risangaon, Tq. Loha, Dist. Nanded ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-15-2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2190 OF 2009 WITH CIVIL APPLICATION NO. 11380 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Dadarao s/o Baburao Pandhre, Age. 25 years, Occu. Agriculture, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2191 OF 2009 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-16-Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Keshav s/o Dagdu Pawar, Age. 28 years, Occu. Agriculture, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2192 OF 2009 WITH CIVIL APPLICATION NO. 11385 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager ...Appellant VERSUS
1. Balaji s/o Manika Phugnar, Age. 19 years, Occu. Education, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-17-N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2193 OF 2009 WITH CIVIL APPLICATION NO. 11391 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager ...Appellant VERSUS
1. Malanbai w/o Sakharam Pawar, Age. 45 years, Occu. Agriculture, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2194 OF 2009 WITH CIVIL APPLICATION NO. 11387 OF 2008 M/s National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager, Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Kisan s/o Tukaram Pawar, Age. 50 years, Occu. Agriculture, R/o. Risangaon, Tq. Loha, Dist. Nanded ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-18-2. Ramprasad Gopikishan Toshniwal, Age. Major, Occ. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2195 OF 2009 WITH CIVIL APPLICATION NO. 11393 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager, Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Dnyanoba s/o Vasant Pawar, Age. 17 years, Occu. Education, Minor U/G his father Vasant s/o Sambhaji Pawar, Age. Major, Occu. Agri. R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-19-WITH FIRST APPPEAL NO. 2196 OF 2009 WITH CIVIL APPLICATION NO. 11375 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager, Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Babu Manika Shinde, Age. 25 years, Occu. Agriculture, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2197 OF 2009 WITH CIVIL APPLICATION NO. 11377 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager, Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Ramkishan s/o Munajai Habgunde, Age. 20 years, Occu. Agriculture, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-20-Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2198 OF 2009 WITH CIVIL APPLICATION NO. 11373 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager, Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Bhagwan s/o Sakharam Pawar, Age. 27 years, Occu. Service, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2199 OF 2009 WITH CIVIL APPLICATION NO. 11379 OF 2008 M/S National Insurance Company Limited, having its registered office at ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-21-3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager ...Appellant VERSUS
1. Udhav s/o Balaji Phugnar, Age. 29 years, Occu. Agriculture, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2200 OF 2009 WITH CIVIL APPLICATION NO. 11389 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager ...Appellant VERSUS
1. Rajabai w/o Laxman Pawar, Age. 45 years, Occu. Household, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-22-N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH FIRST APPPEAL NO. 2201 OF 2009 WITH CIVIL APPLICATION NO. 11371 OF 2008 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager, Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Ankush s/o Sheshrao Shinde, Age. 20 years, Occu. Tailor, R/o. Risangaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded ...Respondents WITH CIVIL REVISION APPLICATION NO. 158 OF 2010 M/S National Insurance Company Limited, having its registered office at 3, Middlton Street, Calcutta-700 071 Branch at Nanded and Divisional Office at Hazari Chambers, Station Road, through its Divisional Manager, Mr. Milind s/o Kisanrao Ranvir ...Appellant VERSUS
1. Raju s/o Balaji Dange, Age. 21 years, Occu. Cleaner, ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-23-R/o. Golegaon, Tq. Loha, Dist. Nanded
2. Ramprasad Gopikishan Toshniwal, Age. Major, Occu. Business, R/o. Near Bajaj Hospital, Vajirabad, Nanded (Owner: MWP-6729)
3. Pandurang Raosaheb Kadam, Age. Major, Occu. Business, R/o. Sawargaon, Tq. Loha, Dist. Nanded. (Owner of Tempo No. MH 26/7967) Present Address N/D-42 Near Water Tank, New Nanded, Cidco, Tq. and Dist. Nanded (dismissed) ...Respondents ....
Mr. V.N. Upadhye, advocate for the appellant. Mr. G. D.Kale, advocate for respondents-claimants.
.....
CORAM : V. K. JADHAV, J.
DATED : 8th JUNE, 2017 ORAL JUDGMENT:-
1. Being aggrieved by the common judgment and award 23.3.2007 passed in M.A.C.P. No. 96 of 1998 and other connected claim petitions and common judgment and award dated 09.04.2007 passed in M.A.C.P. No. 233 of 1998 and other connected claim petitions by the Member, Motor Accident Claims Tribunal, Nanded, the original respondent-insurer has preferred this appeals and civil revision application.
2. Brief facts, giving rise the present appeals and civil revision application are as follows:-
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-24-a) On 27.11.1997, deceased persons and the injured persons went to Nanded for attending Swadhaya programme of Pandurangshastri Athwale Maharaj and after attending the said programme, they started returning to their village alongwith goods like rice bags, bamboo, drums etc. in a tempo bearing registration No. MH-26-7967 by Nanded Loha road. On way, within the limits of village Pardi, one truck bearing registration No. MWP 6729 came from opposite side in high speed and gave dash to the said tempo.
In consequence of which, the said tempo turned turtle and 13 passengers, out of the persons travelling in the said tempo, died on the spot and 36 persons were seriously injured. On the basis of the complaint lodged at police station, Loha, crime No. 142 of 1997 came to be registered against the drivers of both the vehicles. Thus, the legal representatives of deceased persons as well as the injured persons themselves filed separate claim petitions before the M.A.C.T. Nanded for grant of compensation under various heads against the owners of both the vehicles and its insurer. Respondent No.1 is the owner of truck and the respondent No.2 is the owner of tempo and both the vehicles are insured with the appellant-original respondent No.3-National Insurance Company Ltd.
b) It has been contended by the claimants in respective claim petitions that the accident had taken place due to the negligence on ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-25-the part of both the drivers and as such, the respondents are jointly and severally liable to pay the compensation as claimed by them under various heads.
c) Respondent No.1 owner of the truck remained absent though duly served and therefore, hearing of the claim petitions ordered to be proceeded exparte against him.
d) Respondent No.2/owner of the said tempo has strongly resisted all claim petitions by filing written statement and denied the rash and negligent driving on the part of driver of the tempo. It has been contended that the driver of the tempo was returning alongwith the goods in the tempo, however, the deceased and others persons stopped his tempo and compelled the driver to allow them to travel in the tempo. The driver of the tempo was cautiously driving his tempo.
However, the said truck came from opposite side in high speed, gave dash to the tempo and in consequence of which some of the persons travelling in the tempo died on the spot and other persons sustained severe injuries. It has also been contended that near about 15 to 20 lacs persons had been there for attending Swadhaya programme of Pandurang Shashri Athwale Maharaj and near about 15000 vehicles were at the place of programme. Since the vehicles were not catering the need of persons assembled there, the police officers, ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-26-M.L.As and other persons, who were present there for the programme, allowed the goods vehicles, including the vehicle tempo to carry the passengers. It has been therefore, contended that respondent No.2 is not liable to pay the compensation.
e) The appellant-original respondent No.3 also resisted the claim petitions by filing written statement. Though the appellant insurer has admitted the insurance coverage of both the vehicles, it has been contended that the owner of the tempo has contravened the terms and conditions of insurance policy. The passengers were carried on hire basis in the tempo, which is goods vehicle. Moreover, the concerned police station has also registered crime against the drivers of tempo for illegally carrying the passengers in goods vehicle. It has been contended that the tempo was carrying more than 40 to 50 passengers on hire, unauthorizedly, at the time of accident. It has also been contended that the owners of both the vehicles are liable to pay the compensation and the appellant insurer is not liable to pay the compensation.
f) The claimants in the claim petitions led common evidence in M.A.C.P. No. 76 of 1998 (Vasantrao Pawar and others vs. Ramprasad Toshniwal) and also produced on record the certified copies of police documents, like F.I.R, spot panchnama, discharge ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-27-card, injury certificate, disability certificates as per individual case.
Copies of insurance cover notes of both the vehicles also came to be produced on record. The appellant-insurer has examined Divisional Manager to prove the breach of policy condition and examined the police inspector of concerned police station and company's investigator.
g) The learned Member of Tribunal in all claim petitions by its two separate common judgment and award, as aforesaid, held that the drivers of both the vehicles had contributed the negligence and driver of the truck contributed the negligence to the extent of 60% whereas the driver of tempo contributed the negligence to the extent of 40%.
The learned Member of the Tribunal has accordingly awarded the compensation to the claimants, as detailed in the operative part of the impugned judgments and award. Hence, these appeals and civil revision application by the insurer.
3. Learned counsel for the appellant insurer submits that admittedly the passengers were being carried in goods vehicle tempo and as such, there is fundamental breach of policy condition. The learned Member of the tribunal has committed error by directing the appellant insurer to pay the compensation amount to the claimants so far as the liability of tempo owner is concerned and recover the ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-28-same from the respondent-tempo owner. The appellant insurer has not seriously challenged the finding recorded by the Tribunal about negligence on the part of drivers of both the vehicles for the reason that both the vehicles are insured with the appellant insurer. The learned counsel for the appellant submits that the appellant has also not challenged the quantum of compensation as awarded by the Tribunal in each and every case.
4. Learned counsel for the respondents-original claimants submits that the learned Member of the Tribunal in para 18 of the judgment has concluded that this is a case of composite negligence on the part of drivers of both the vehicles. Learned counsel submits that it is well settled in the case of composite negligence that the claimants are entitled to sue both or any one of joint tort feasors to recover the entire compensation as liability of joint tort feasor as joint and several. The claimant can recover at his option whole amount of compensation from any of them. In the instant case, both the joint tort feasors have been impleaded and as such, the Tribunal has determined interse the extent of composite negligence of both the drivers. Learned counsel submits that since both the vehicles involved in the accident are insured with the appellant insurer, the defence raised by the appellant insurer looses its significance. The learned Member of the Tribunal since determined interse liability ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-29-amongst the tempo owner and the truck owner so that one may recover the sum from other after making whole of payment to the claimants. In the instant case, the claimant can execute the award against the respondent-owner of truck alone and in that event, the appellant insurer is liable to pay entire amount. Learned counsel submits that in each and every case, the learned Member of the tribunal has awarded just and reasonable compensation. Learned counsel submits that so far as the breach of conditions on the part of respondent owner of the tempo is concerned, it has been specifically pleaded by the said respondent that the driver of the tempo was compelled by the authorities to carry the passengers in goods vehicle-tempo to clear large crowd gathered there for the said programme. Learned counsel submits that there is no substance at all in the appeals as well as the civil revision application and all of them are liable to be dismissed.
5. On careful perusal of pleadings, evidence and the impugned common judgments and award passed by the Tribunal, particularly, the contents of spot panchnama Exh. 54, it appears that the tar road at the spot is 20 ft. in breadth and there is Kaccha road of 5 ft on both sides of the road. It thus clear that there was ample space for the vehicles to cross. Moreover, on that day, large crowd was gathered for a particular event and as such, it was expected from the drivers of ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-30-both the vehicles to take utmost precaution while driving their respective vehicles from that road. After going through the contents of spot panchnama, it appears that both the vehicles got damaged extensively in the accident. Thus, only irresistible inference could be drawn that drivers of both the vehicles driven their vehicles in rash and negligent manner and as such accident had taken place. The learned Member of the Tribunal has therefore, rightly concluded that this is a case of composite negligence on the part of drivers of both the vehicles. So far as the interse liability amongst the joint tort feasors is concerned, after having gone through the evidence recorded by the Tribunal, it appears that there was almost head on collision between the said vehicles and further the truck gave dash to the middle and cleaner portion of the said tempo. Learned Member of the tribunal, has therefore, rightly held that the driver of the truck had contributed the negligence to the extent of 60% and driver of the tempo contributed the negligence to the extent of 40%.
6. So far as the liability of the appellant-insurer to pay compensation to the claimants and recover the same from the respondent owner of the tempo is concerned, in the backdrop of finding recorded by the Tribunal about composite negligence, the defence raised by the appellant-insurer looses its significance. Both the vehicles are insured with the appellant insurer. So far as entire ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09-
-31-liability amongst the joint tort feasors, as determined by the Tribunal, is concerned, the same is for the purpose to facilitate one of the joint tort feasor to recover the sum from other after making entire payment to the claimants. In the instant case, being the insurer of the truck involved in the accident, the appellant insurer is liable to pay the entire amount and as such, no purpose would be served to set aside the order of the Tribunal directing the appellant insurer to pay the compensation amount to the claimants recoverable from the respondent owner of the tempo and then recover the same from the respondent tempo owner.
7. Learned counsel for the appellant insurer has not challenged the quantum of compensation. Thus, there is no substance in the appeals and civil revision application and as such all the appeals and civil revision application are liable to be dismissed. Hence, I proceed to pass the following order:-
ORDER I. The first appeal No. 2059 of 2009 (M/s National Insurance Co. Ltd. vs. Chandrakala Nagorao Kavde and Ors), first appeal No. 2060 of 2009 (M/s National Insurance Co. Ltd. vs. Suman Datta Hake and Ors), first appeal No. 2061 of 2009 (M/s National Insurance Co. Ltd. vs. Rukminibai Vasant Panchal and Ors), first appeal No. 2062 of 2009 (M/s National Insurance Co.::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 :::
fa2059.09--32-
Ltd. vs. Mahananda Balaji Eklare and Ors), first appeal No. 2063 of 2009 (M/s National Insurance Co. Ltd. vs. Shivkantabai Digambar Eklare and Ors), first appeal No. 2064 of 2009 (M/s National Insurance Co. Ltd. vs. Radhabai Maroti Jadhav and Ors), first appeal No. 2065 of 2009 (M/s National Insurance Co. Ltd. vs. Kavita Balaji Dhulgunde and Ors), first appeal No. 2066 of 2009 (M/s National Insurance Co. Ltd. vs. Kantabai Rangnath Jadhav and Ors), first appeal No. 2067 of 2009 (M/s National Insurance Co. Ltd. vs. Salubai Mahadeo Shinde and Ors), first appeal No. 2068 of 2009 (M/s National Insurance Co. Ltd. vs. Vasantrao Sambhaji Pawar and Ors), first appeal No. 2069 of 2009 (M/s National Insurance Co. Ltd. vs. Laxmibai Kisanrao Pawar and Ors), first appeal No. 2070 of 2009 (M/s National Insurance Co. Ltd. vs. Pandurang Dattatraya Renapure and Ors), first appeal No. 2071 of 2009 (M/s National Insurance Co. Ltd. vs. Kantabai Rajaram @ Raju Pawar and Ors), first appeal No. 2072 of 2009 (M/s National Insurance Co. Ltd. vs. Kushavarti Kashinath Bhagwat and Ors), first appeal No. 2073 of 2009 (M/s National Insurance Co. Ltd. vs. Dwarkabai Madhav Pandhre and Ors), first appeal No. 2074 of 2009 (M/s National Insurance Co. Ltd. vs. Vanabai Ganpati Pawar and Ors), first appeal No. 2075 of 2009 (M/s National Insurance Co. Ltd. vs. Mathurabai Maroti Habgunde and Ors), first appeal No. 2076 of 2009 (M/s National Insurance Co. Ltd. vs. Bhagirathibai Vithal Pawar and Ors), first appeal No. 2077 of 2009 (M/s National Insurance Co. Ltd. vs. Prabhavati Ramrao Pawar and Ors), first appeal No. 2109 of 2009 (M/s National Insurance Co. Ltd. vs. ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09--33-
Jagdish Malikarjun Eklare and Ors), first appeal No. 2190 of 2009 (M/s National Insurance Co. Ltd. vs. Dadarao Baburao Pandhare and Ors), first appeal No. 2191 of 2009 (M/s National Insurance Co. Ltd. vs. Keshav Dagdu Pawar and Ors), first appeal No. 2192 of 2009 (M/s National Insurance Co. Ltd. vs. Balaji Manika Phugnar and Ors), first appeal No. 2193 of 2009 (M/s National Insurance Co. Ltd. vs. Malanbai Sakharam Pawar and Ors), first appeal No. 2194 of 2009 (M/s National Insurance Co. Ltd. vs. Kisan Tukaram Pawar and Ors), first appeal No. 2195 of 2009 (M/s National Insurance Co. Ltd. vs. Dnyanoba Vasant Pawar and Ors), first appeal No. 2196 of 2009 (M/s National Insurance Co. Ltd. vs. Babu Manika Shinde and Ors), first appeal No. 2197 of 2009 (M/s National Insurance Co. Ltd. vs. Ramkisan Munjaji Habgunde and Ors), first appeal No. 2198 of 2009 (M/s National Insurance Co. Ltd. vs. Bhagwan Sakharam Pawar and Ors), first appeal No. 2199 of 2009 (M/s National Insurance Co. Ltd. vs. Udhav Balaji Phugnar and Ors), first appeal No. 2200 of 2009 (M/s National Insurance Co. Ltd. vs. Rajabai Laxman Pawar and Ors), first appeal No. 2201 of 2009 (M/s National Insurance Co. Ltd. vs. Ankush Sheshrao Shinde and Ors) and civil revision application No. 158 of 2010 (M/s National Insurance Co. Ltd. vs. Raju Balaji Dange and Ors), are hereby dismissed with costs.
II. The first appeals and the civil revision application are disposed of.
III. In view of disposal of the first appeals and the civil ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 ::: fa2059.09--34-
revisions application, pending civil applications are also disposed of.
IV. The respondents-original claimants are permitted to withdraw the amount/balance amount if deposited before this court by the appellant insurer.
( V. K. JADHAV, J.) rlj/ ::: Uploaded on - 09/06/2017 ::: Downloaded on - 10/06/2017 00:58:28 :::