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2015 Supreme(Bom) 1862

A.S.OKA, REVATI MOHITE DERE
New India Assurance Company Limited – Appellant
Versus
Ramrao Lala Borse – Respondent


Advocates Appeared:
Mr.D.R.Mahadik, for the Appellant and Applicant in Civil Application No.4357 of 2014.
Mr.R.S.Chahul a/w Mr.Raghujeet Singh i/b Ms.Rina Kundu, for the Respondent Nos.1 and 2 in First Appeal and for the Applicants in Civil Application No.1251 of 2015.

JUDGMENT :

Revati Mohite Dere, J.

1. Rule. Rule is made returnable with the consent of the parties forthwith and is taken up for final hearing.

2. The Appellant – Insurance Company has taken exception to the Judgment and Award dated 21st July, 2014 passed by the learned District Judge – 5 and Additional Member, Motor Accident Claims Tribunal, Thane at Thane, by which the Respondent – Claimants were awarded compensation of Rs.61,55,000/- with simple interest @ 9% per annum from the date of the petition till its realization.

3. The impugned award has been challenged by the Appellant – Company on several counts, viz., (i) that the issue of negligence has not been proved ; (ii) that the compensation awarded by the Tribunal is contrary to the established legal principles. It is contended that though the last salary certificate of the deceased reflected his salary as Rs.2,800/- per month, the Tribunal has erred in concluding the income of the deceased to be Rs.40,000/- per month ; (iii) that the Tribunal has committed an error in awarding 50% towards future prospects, though the deceased was working as an Assistant Teacher on temporary contract basis with an unaided school ; (iv) that the Tr























































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