Mr.Balaso Bajrang Kadam And Anr vs Smt.Suvarna Machhindra Bhosale ...
2023 Latest Caselaw 7343 Bom

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION


                             FIRST APPEAL NO.1076 OF 2022
                                         WITH
                           CIVIL APPLICATION NO.1933 OF 2018
                                           IN
                             FIRST APPEAL NO.1076 OF 2022

 Balaso Bajrang Kadam and anr.                          ... Appellants/Applicants
       Vs.
 Suvarna Macchindra Bhosale and ors.                    ... Respondents

                                         WITH
                               FIRST APPEAL NO.94 OF 2018

 Suvarna Macchindra Bhosale and ors.                    ... Appellants
       Vs.
 Balaso Bajrang Kadam and anr.                          ... Respondents
                                 -------

 Mr.Satish K. Kumbhar, Advocate for the Appellants in FA/1076/22 and for
 Respondents No.1 and 2 in FA/94/2018.
 Mr.T.S. Ingale, Advocate for the Respondents No.1 to 3 and 5 in FA
 No.1076/22 and for Appellant in FA/94/2018.
 Mr.Amol Gatne, Advocate for Respondent No.3 in FA/94/2018 and for
 Respondent No.6 in FA No.1076/2022-Insurance Company.

                                             -------

                            CORAM :    ABHAY AHUJA, J.

                            DATE :     24 JULY, 2023.


 P.C. :
 FIRST APPEAL NO.1076 OF 2022

 1.           This First Appeal has been preferred by the owner and driver of the



  Priya R. Soparkar                                                                         1 of 4



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offending vehicle challenging the impugned judgment and award dated

28th June, 2017 passed by the Motor Accident Claims Tribunal, Sangli in

Motor Accident Claim Petition No.299 of 2009. Mr.Satish K. Kumbhar,

learned counsel for the Appellants would submit that the award held the

owner and driver liable but pursuant to the decision of the Hon'ble

Supreme Court in the case of National Insurance Company Limited Vs.

Swaran Singh and ors.1, the Insurance Company was directed to pay and

recover from the owner and the driver. Now that the Insurance Company

has already paid the claimants, the Insurance Company is seeking to

recover the same by preferring an execution application before the

Tribunal and that is the reason this appeal has been filed by the owner

and the driver on various grounds mentioned in the appeal.

2. Mr.Gatne, learned counsel for the Insurance Company points out

paragraph No.16 of the impugned judgment and award and submits that

the driving license of the driver of the offending vehicle was not valid on

the date of the accident viz. on 13 th August, 2008. Learned counsel refers

to some of the documents being Exhibit 41 on pages 33 to 35 of the

compilation of documents filed on behalf of the Appellants in support of

1 2004(3) SCC 297

Priya R. Soparkar 2 of 4

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his contentions.

3. Having heard the learned counsel and having perused the impugned

judgment as well as the compilation of documents, the following order is

passed:-

(i) Admit

(ii) Registry is directed to call for record and proceedings within a period of four weeks.

(iii) Let private paper-book be filed within a period of four weeks thereafter with a copy to the other side.

4. List on 25th September, 2023.

FIRST APPEAL NO.94 OF 2018

5. This First Appeal has been preferred by the claimants seeking

enhancement of compensation after having received the entire amount

under the judgment and award dated 28 th June, 2017 passed by the

Motor Accident Claims Tribunal, Sangli in Motor Accident Claim Petition

No.299 of 2009.

6. Let compilation of documents be filed by the next date with a copy

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to the other side.

7. List on 25th September, 2023.

                                                   (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                    4 of 4