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2008 Supreme(Bom) 1674

A.P.DESHPANDE, N.A.BRITTO
NATIONAL INSURANCE COMPANY LTD. , BELGAUM – Appellant
Versus
SAMIRA FERNANDES – Respondent


Advocates:
ADVOCATE APPEARED:
For appellant: J. P. Mulgaonkar
For respondents/Cross Objectors: M S. Sonak

JUDGMENT

N. A. BRITTO, J. :- The dispute between the parties is as regards the quantum of compensation awarded to the claimants (respondents No. 1 to 3 herein) as against a claim for Rs. 25,00,000/-.

2. The learned MACT (Motor Accidents Claims Tribunal) has awarded compensation of Rs. 21,60,000/- with interest at the rate of 6% per annum, on a sum of Rs. 3,48,896/- (excluding future loss of dependency) from the date of the petition till the entire amount is paid.

3. The accident took place on 6-12-2001 between a scooter driven by the deceased and truck No. KA 213/498 driven by respondent No.4, owned by respondent No.5 and insured with the appellant herein, who was respondent No. 3, in the claim petition.

4. The claim petition was filed by the claimants (respondent nos. 1 to 3) who are the widow and children of the deceased Savio Nigel Fernandes. Claimant No. 1 was 32 years of age, claimant No.2 was 4 years of age, and claimant No.3 was 2 years of age.

5. The deceased was 32 years of age. The deceased was working as a Junior Manager in the Production Department of the German Remedies Ltd. To prove the income of the deceased the claimants had examined the Senior Manager in the Department
























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