A.S.OKA, REVATI MOHITE DERE
New India Assurance Company Limited Divisional Office – Appellant
Versus
Sunil Parsharam Garud – Respondent
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 (Original opponent No. 2) has taken exception to the Judgment and Award dated 9th May, 2014, passed by the Learned Member of the Motor Accident Claims Tribunal, Islampur, Sangli, by which the respondent – claimants were granted compensation of Rs.49,02,216/- with Interest @ of 6% per annum from the date of filing of the claim petition till its realization.
3. The appellant is the Insurance Company of the vehicle, which was involved in the accident, in which the deceased – Ujwala died. Respondent No.1 is the husband of the deceased, Respondent Nos.2 and 3 are the sons of the deceased ; Respondent No.4 is the owner of the vehicle, in which the deceased was traveling when it met with an accident ; and Respondent No.5 was the driver of the said vehicle. The impugned Award has been challenged by the appellant – company essentially on two counts, viz., (i) that the issue of negligence has not been properly considered by the Tribunal and (ii) that the future prospects ought not to have been granted to the responden
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U.P. State Road Transport Corporation v. Trilok Chandra (1996) 4 SCC 362
Oriental Insurance Co. Ltd. v. Syed Ibrahim and Ors. AIR 2008 SC 103
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