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2015 Supreme(Bom) 2144

K.L.WADANE
United India Insurance Co. Ltd. – Appellant
Versus
Saish Shivanand Raikar – Respondent


Advocates:
Advocate Appeared:
For the Appellants :E. Afonso, Advocate

JUDGMENT :

K.L. Wadane, J.

1. The present appeal is preferred by the appellant i.e. United India Insurance Co. Ltd., against the judgment and award dated 7.1.2012 passed by the Presiding Officer, Motor Accident Claims Tribunal-II, Margao ("Presiding Officer" for short) in Claim Petition no.32/2010 whereby the claim petition under Section 166 of Motor Vehicles Act filed by the respondent nos.1 and 2 was partly allowed and the learned Presiding Officer has awarded total compensation of Rs. 17,16,665/- together with 9% interest from the date of application. Hence, the present appeal.

2. Parties shall hereinafter referred to as per their original status in the claim petition.

3. The brief facts of the case may be stated as follows:-

Claimants have moved the petition under Section 166 of the Motor Vehicles Act claiming total compensation of Rs. 39,31,000/- due to death of their mother in the motor vehicular accident.

On 20.09.2007 the deceased Nayan, aged about 44 years was pillion rider on the motorcycle bearing registration no. GA-01-K-6989 driven by the claimant no.1 and they were proceeding from Panaji to Ponda. When they reached near spot of the accident at that time a mini bus bearing r


















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