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2015 DIGILAW 1878 (BOM)

National Insurance Co. Ltd. v. Rajeshwar

2015-08-13

A.P.BHANGALE

body2015
JUDGMENT : 1. Feeling aggrieved by common judgment and award dated 10th January 2013 passed by the Motor Accident Claims Tribunal, Yavatmal in MAC Petition No. 288 of 2004 and other petitions arising out of one and the said accident, appellant Insurance Company has filed present appeal. 2. The question in these appeals is about the liability of the Insurance Company. The Tribunal has held that appellant Insurance Company as well as owner and driver are jointly and severally responsible to pay compensation. Legal position cannot be disputed that it is primary liability of the Insurance Company to pay compensation and it is then at liberty to approach the Tribunal for recovery of that amount from the driver/owner of the vehicle if it feels that it was not liable to compensate the claimant. 3. In view of what is observed in paragraph 2 above, all these appeals are disposed of. In the cases where the appellant Insurance Company has deposited the amount of award, claimants are entitled to withdraw the same. No order as to costs.