931-FA-331-17.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 331 OF 2017 WITH CIVIL APPLICATION NO. 13986 OF 2016 Cholamandalam General Insurance Co. Ltd. ..APPELLANT VERSUS Dinesh Baliram Ahirrao and Others ..RESPONDENTS .... Mr. A.G. Choudhari, Advocate for appellant Mr. A.K. Tiwari, Advocate for respondent no.4 Mr. A.B. Gatne, Advocate for respondent no.5 (Through V.C.) .... CORAM : ROHIT W. JOSHI, J. DATE : 20th AUGUST, 2026 PER COURT : 1. The appellant – Insurance Company has preferred the present appeal in order to assail judgment and award dated 02nd May, 2016 passed by the learned Member, Motor Accident Claims Tribunal, Dhule in Motor Accident Claim Petition No. 375 of 2013, which arises out of the accident of two trucks, one insured with the Appellant – Cholamandalam General Insurance Co. Ltd. and the another with Respondent No.5 – United India Insurance Co. Ltd. 2. The only contention raised by the appellant in the present appeal is that rater than holding the respondents jointly and severely liable for payment of compensation, the liability to pay the compensation ought to have 1 / 2 2026:BHC-AUG:38006 931-FA-331-17.odt been divided between the two owners and insurance companies of both the vehicles. Respondent No.5 – United India Insurance Co. Ltd. has not challenged the award impugned in the present appeal. It has also deposited 50% of the amount as awarded by the learned Tribunal. 3. In view of above, the only ground raised by the appellant in the present appeal is satisfied. Purpose of filing the appeal is served. The appeal is disposed of accordingly. 4. The amount deposited by the appellant with this Court is allowed to be withdrawn by the claimants alongwith the accrued interested thereon, if any. 5. Civil application stands disposed of accordingly. ( ROHIT W. JOSHI, J. ) SSD 2 / 2