PRAKASH RANGNATH BHALERAO Vs. ABDUL GAFFAR ABDUL MAJID

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 [for short, the 'M.V. Act'] filed by the Original Claimants, being not satisfied by the compensation awarded by the learned Motor Accident Claims Tribunal, Aurangabad [hereinafter referred to as the 'learned Tribunal'], in M.A.C.P. No. 675 of 2014 [for short, the 'Claim Petition'], decided by the Judgment and Award dtd. 22/11/2016, the operative part of which reads as follows :

(2.) In this Appeal, Respondent Nos. 1 and 3 are represented by their respective Advocates. Respondent No. 2, who is the owner of the offending vehicle i.e. Truck, is served with the initial notice, however, no one has appeared on his behalf. Considering the issue involved in the matter, it is submitted by the learned Advocate for the Appellant that, the Appeal can be finally heard at the stage of admission, to which the learned Advocate for the Insurance Company agreed. Notice of final hearing issued to Respondent No. 2 is awaited. According to the learned Advocate for Respondent No. 3 - Insurance Company, the impugned Judgment and Award was made jointly and severally against the Insurance Company and the Vehicle Owner, and the Insurance Company has satisfied the Award as the offending vehicle was insured with Respondent No. 3 and the Appeal is confined to the legal aspects which are covered by Judicial Pronouncements and the Appeal can be disposed off in view of the above submissions.

(3.) In view of the above, the Appeal is heard finally.