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ROSHAN DALVI
HDFC CHUBB GENERAL INSURANCE CO. LTD. – Appellant
Versus
SHANTIDEVI RAJBALSINGH THAKUR – Respondent


Advocates Appeared:
For the Appellant : S.R. Singh, instructed by S.R. Singh and Co.
For the Respondent: M.G. Barve

JUDGMENT :

Roshan Dalvi, J.

1. The appellant, which is an insurance company, has challenged the judgment dated 16.6.2006 of the Member of M.A.C.T., Thane, granting compensation of Rs. 4,12,500 to respondent No. 1 herein with interest thereon at 6 per cent per annum along with costs and directing investment of a part of the amount.

2. The order of compensation came to be passed in an application of respondent No. 1 who was the mother of the deceased driver of a motor cycle against her husband, who was the owner of the motor cycle and against the appellant insurance company on the ground that the husband was bound to compensate the wife for the death of her son, the victim of the accident and that the liability had to be indemnified by the appellant insurance company since the vehicle was insured with them. The accident took place on 28.6.2004. The deceased is stated to have been earning a gross sum of Rs. 4,000 p.m. out of which Rs. 3,000 was shown to be by way of his salary and Rs. 1,000 by way of specified petrol allowance, which he earned upon supervising his father's business and for which the firm of his father issued the certificate. Deceased was 24 years old at the time of his d

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