VENKAT GANGADHAR BILAPATTE Vs. GANGADHAR BABURAO BILAPATTE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the parties. Though Respondent Nos. 1, 2 and 3 were duly served, no one appeared on their behalf when the matter was called out. Office note shows that, Appeal stands dismissed against Respondent No.5 Prabhakar Sude vide Registrar's order dated 7th September, 2004.

(2.) THIS First Appeal is preferred by original Resp.Nos. 1 and 2 driver and owner of the Tractor and Trolley challenging the Judgment and Award dated 14th October, 1997 passed by the Member, M.A.C.T., Latur in M.A.C.P. No. 266 Of 1994 holding that original Respondent Nos. 3 and 6 i.e. the New India Assurance Company and the United India Insurance Company Ltd. are entitled to reimbursement of the Interim compensation amount paid by it to the original claimants from the Appellants.

(3.) IN the present proceedings, the accident took place on 26th April, 1994 in which one Pandit Bapurao Dahiphale, age 20 years, occupation labourer and agriculturist died. Hence, his legal heirs filed M.A. C.P. No. 266/1994 in the Court of the learned District Judge and ex officio Member of M.A.C.T., Latur, U/Section 166 of the Motor Vehicle Act claiming compensation of Rs.1 Lakh. In that Claim Petition, the Tribunal by its oral order dated 9th August, 1996 directed that the appellants and Insurance Company do jointly and severally deposit sum of Rs. 25,000/ - towards the No Fault Liability ( In short, the N.F.L.). That amount was deposited by the Insurance Company in the trial court.