LAWS(BOM)-2009-3-180

NATIONAL INSURANCE COMPANY LTD Vs. ANAND SAWANT

Decided On March 26, 2009
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
ANAND SAWANT Respondents

JUDGEMENT

(1.) These appeals can be conveniently disposed of by a common order as they involve facts which are common and the law applicable thereto.

(2.) These appeals are directed against the order dated 4-7-2008 of the learned MACT (Motor Accident Claims Tribunal), Mapusa by which the learned MACT has directed that compensation under section 140 of the MV Act, 1988 be paid by the insurer (appellant, herein) as well as the insured (respondent No. 3).

(3.) The appellant had issued a third party policy for a private vehicle bearing No. GA-01-N-9955 which was driven and owned by respondent No. 3 and which was involved in an accident on 9-4-2006 at about 15.30 hrs. in which 5 occupants of the said vehicle died. The other respondents are the legal representatives of 4 out of 5 of the said occupants who filed claim petitions against the driver/owner as well as the insurer of the said vehicle including a claim under section 140 of the Act, which as already stated, came to be decided by the impugned order dated