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2018 Supreme(Bom) 2725

NUTAN D.SARDESSAI
National Insurance Co. Ltd. – Appellant
Versus
Umesh M. Kholkar (since Deceased) – Respondent


JUDGMENT

Nutan D. Sardessai, J. - The First Appeal No.104 of 2016 is of the insurer challenging the judgment dated 15.09.2015 passed by the learned Motor Accident Claims Tribunal, Panaji, (MACT, for short hereinafter), while the First Appeal No.22 of 2017 is of the original claimants challenging the very same judgment and award of the MACT seeking enhancement of the compensation in appeal. Hence, for brevity''s sake hereinafter, the two sets of appellants would be referred to as the insurer and the claimants respectively.

2. Admittedly, a vehicular accident had taken place on 13.08.2010 near the Ice Factory, Patto-Ribandar Causeway in which the son of the claimants had sustained grievous injuries while proceeding from Ribandar towards Panaji with the oncoming vehicle driven by the respondent no.1 and owned by the respondent no.2 in the insurer''s appeal and succumbed to them while undergoing treatment at the Goa Medical College Hospital at Bambolim on the same day itself. The claimants had carved a case that the driver of the Maruti car was rash and negligent and it dashed against the motorcycle driven by the deceased resulting in fatal injuries to him and his death later in the hos

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