UNITED INDIA INSURANCE COMPANY LIMITED Vs. RUKMINI DEEPAK

JUDGEMENT

(1.) The insurer has preferred this Appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act") being aggrieved by the Judgment and Award dtd. 13/10/2006, in Application No.2935 of 1996 ("claim"), passed by the Motor Accident Claims Tribunal, Mumbai ("Tribunal") thereby the said claim was partly allowed with proportionate costs and the Appellant and Respondent No.6 were held jointly and severally liable to pay a sum of Rs.3,66,000.00 to Respondent Nos.1 to 5, alongwith interest @ 7.5% per annum from 01/02/1999 till realization of said amount. The Appeal has been filed on the ground that the Tribunal did not pass the pay and recover order in favour of the Appellant.

(2.) As per the record, Appeal was admitted on 17/01/2007.

(3.) Hence, heard Mr. Misar, the learned Advocate for the Appellant, Mr. Mendon, the learned Advocate for the Claimants and Mr. Deshmukh, the learned Amicus Curiae. Perused the record.