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2013 Supreme(Bom) 1857

A.P.BHANGALE
Chitra Chintaman Kolekar – Appellant
Versus
Government of Maharashtra, through Superintendent of Police – Respondent


Advocates Appeared:
For the Appellants:S.N. Naik, Advocate.
For the Respondent: A.R. Patil, AGP.

Judgment:

1. The appeal is directed against the Judgment and Award dated 8th December, 2003, whereby the learned Member of the Motor Accident Claims Tribunal, Thane in Claim Petition No. 755/1997 awarded total compensation in the sum of Rs. 3,50,000/- only inclusive of no fault liability. The Tribunal also awarded payment of interest at the rate of 6% per annum on the awarded sum from the date of the application, till realization. The claim was made in the sum of Rs 6,00,000/- (Six Lakhs) before the Tribunal. After hearing the learned Advocate as well as Assistant Government Pleader representing the parties and after careful perusal of the evidence available on record at thread bare, including the impugned judgment and award passed by the Tribunal, the only point that arises for my consideration is:

Whether the compensation awarded by the Tribunal in the sum of Rs. 3,50,000/- is just and proper?

My answer is in the emphatic negative as compensation awarded by the Tribunal need to be enhanced for following reasons:-

2. The finding regarding liability recorded by the Tribunal is not in dispute. The fact that young Chintaman, aged about 35 years died in road accident involving the moto




















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