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2015 Supreme(Bom) 2636

A.S.OKA, REVATI MOHITE DERE
Bajaj Alliance General Insurance Company Limited – Appellant
Versus
Bipin Laxmichand Mehta – Respondent


Advocates Appeared:
Mr. Milind M. Sathaye a/w Ms. Yogita Deshmukh, Advocates, for the Appellant/ Applicant in First Appeal No. 632 of 2015, Civil Application No. 3456 of 2014 and in Cross Objection (St) No. 19705 of 2015;
Mr. S.S. Vidyarthi, Advocate, for the Respondent Nos. 1 to 3; Mr. S.S. Vidyarthi, Advocate, for the Applicants in Civil Application No. 1538 of 2015

JUDGMENT :

Revati Mohite Dere, J.

By order dated 10th July, 2015, this Appeal was ordered to be disposed of finally at admission stage.

2. By this Appeal, the appellant Bajaj Alliance General Insurance Company, has impugned the Judgment and Award dated 20th February, 2014, passed by the Chairman, Motor Accident Claims Tribunal, Mumbai, by which compensation of Rs. 46,65,000/- was awarded to the respondent-claimants along with interest @ 7.5% from the date of the application till its realization. The respondent-claimants have also filed Cross Objection being Cross Objection (Stamp) No. 19705 of 2015 in the aforesaid Appeal and have sought enhancement of compensation.

3. The appellant-company has impugned the aforesaid Judgment and Award on several counts ;

(i) that the issue of negligence i.e. the allegation that the driver of the offending vehicle was driving the vehicle in a rash and negligent manner has not been proved;

(ii) that the Tribunal has erred in applying the multiplier of 17', by taking the age of the deceased into consideration and not the age of the claimants ;

(iii) that the income of the deceased was not calculated properly, keeping in mind the evidence that had come on re





























































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