Bombay High Court
M/S National Insurance Co. Ltd vs Rajabai Laxman Pawar And Ors on 8 June, 2017
Bench: V.K. Jadhav
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
fa2059.09-
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
fa2059.09-
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,
fa2059.09-
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.
fa2059.09-
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,
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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,
fa2059.09-
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
fa2059.09-
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.
fa2059.09-
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)
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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,
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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,
fa2059.09-
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:-
fa2059.09-
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
fa2059.09-
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,
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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
fa2059.09-
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.
fa2059.09-
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.
fa2059.09-
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
fa2059.09-
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/
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