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2013 Supreme(Bom) 2573

B.R.GAVAI
New India Assurance Co. Ltd. – Appellant
Versus
Gunji Chakramma – Respondent


Advocates appeared:
For the Appellant:E. Afonso, Advocate.
For the Respondents:R1 to R3, D.B. Ambekar, A.V. Pavithran, R4 to R6, V. A. Lawande, Ms. Natasha Mayekar, Advocates.

Judgment

1. The appellant has approached this Court being aggrieved by the judgment and order dated 6.6.2009 passed by the learned Motor Accident Claims Tribunal, Panaji thereby holding that the respondent nos. 1, 2 and 3 herein (Original claimants) were entitled to receive the total compensation of Rs.7,56,760/- and directing the respondent nos.1, 3 and 4 in the claim petition to pay the said amount jointly and severally to the claimants alongwith interest of 9% per annum from the date of filing of the petition till the date of entire payment.

2. Parties shall be hereinafter referred to as they appears in the claim petition.

3. The facts which are giving rise to the present appeal are as under:-

On 15.4.1994 at around 11.15 hours the deceased was riding scooter No. GDK-923 and was traveling from Santa Cruz towards Panaji and at that time two youngsters respondent no.2 being the rider, came from opposite direction on Yamaha motorcycle No. GDK-661, owned by the respondent no.4 and insured with the respondent no. 3 in a rash and negligent manner and lost control and dashed against the scooter of the deceased, who was thrown away and suffered several injuries, major being head injury. On





























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