UNITED INDIA INSURANCE CO. LTD. Vs. GERMAINE DMELLO

JUDGEMENT

(1.) Present Appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act") against the Judgment and Award dtd. 04/02/2006, in Application No.2308 of 1995 ("Claim"), passed by the Motor Accident Claims Tribunal, Mumbai ("Tribunal") thereby said claim was partly allowed and Respondent No.4 and the Appellant have been held liable to pay the Respondent Nos.1 to 3 ("Claimants") jointly and severally a sum or Rs.23,55,000.00 alongwith 7.5 % interest p.a. from the date of filing of the claim.

(2.) As per the record, Appeal was admitted on 20/12/2006. Thereafter the notice issued to Respondent No.4 returned unserved with the bailiff's remark that, "not working on the said address, hence, pasted on the door". Thereafter, no steps were taken by the Appellant to serve the Respondent No.4. On 03/01/2024 the Appeal was fixed for final hearing.

(3.) Heard Mr. Misar, the learned Advocate for the Appellant, Ms. Gokhale, the learned Advocate for Respondent Nos.1 to 3 and Mr. Deshmukh, the learned Amicus Curiae. Perused the record and read the written argument submitted by Ms. Gokhale.