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2015 Supreme(Bom) 1899

A.S.OKA, REVATI MOHITE DERE
New India Assurance Company Limited Divisional Office – Appellant
Versus
Sunil Parsharam Garud – Respondent


Advocates Appeared:
Mr.Shrikant Madhukar Dange, for the Appellant in the Appeal and for the Applicant in Civil Application No.3156 of 2014 and for the Appellant in Civil Application No.2329 of 2015.
Mr.Akshay Prakash Shinde, for the Applicants in Civil Application No.2329 of 2015 and for the Respondents in First Appeal No.1271 of 2014 and in Civil Application No.3156 of 2014.

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 (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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