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2021 Supreme(Bom) 595

ANUJA PRABHUDESSAI
Shobha – Appellant
Versus
New India Insurance Co Ltd – Respondent


Advocates appeared:
S.K. Thengri, Advocate, A.R. Patil, Advocate

JUDGMENT

Anuja Prabhudessai, J. - Considering the narrow controversy involved in the matter, the parties were put to notice that an endeavor would be made to dispose of the appeal finally at the stage of admission. Hence, with consent heard finally.

2. The Appellants herein, who shall be hereinafter referred to as the Claimants, have challenged the judgment and award dated 19/01/2015 passed by the Claims Tribunal, Chandrapur in M.A.C.P. No.112/2006. By the impugned judgment and award, the Claims Tribunal has partly allowed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (in short "M.V. Act") and awarded compensation of Rs.6,13,792/- inclusive of compensation under no fault liability, along with interest at the rate of 6% per annum from the date of the petition i.e. 27/07/2006 till its realization.

3. Learned counsel for the Claimants states that the Tribunal has erred in calculating the compensation on the basis of monthly salary of Rs.4,873/-, when the salary certificate produced by the Claimants, sufficiently proves that the salary of the deceased was Rs.6,495/-

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