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2022 Supreme(Bom) 300

M.S.SONAK
Kadamba Transport Corporation Ltd. – Appellant
Versus
Devesh Tukaram Chodankar, Since Deceased Through Lrs – Respondent


Advocate Appeared:
For the Appellant :Mr. A. Kantak, Advocate
For the Respondent:Mr. J.E. Coelho Pereira, Senior Advocate with Mr. S.Karpe and Ms. Vaigankar, Advocates

JUDGMENT :

1. This appeal and cross-objections are directed against the Judgment and Award dated 21.09.2020, the operative portion of which reads as follows :

    “The petition is partly allowed holding the respondents jointly and severally liable to pay the compensation in the sum of Rs.6,41,970/- to the claimant no.3 as the widowed sister and her 3 minor children alone as held before, which shall carry interest @ 9% p.a. from the date of the application till the date of the award and further interest at the same rate in case the said amount is not paid within a month from today till payment. The amount, if any, awarded in their favour under Section 140 of the Act shall be adjusted against the compensation appropriately.

The amount shall be apportioned 50:50 in favour of the claimant no.3 on the one hand and the balance 50% equally between the 3 minor children whose shares shall be invested in fixed deposits in any Nationalized Bank/s till they attain their respective ages of majority. The claimants shall also be entitled to the costs of the petition.

Award to be drawn accordingly.”

2. Mr. Kantak learned counsel for the Kadamba Transport Corporation (KTC) – the owner of the bus involved in

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