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2022 Supreme(Bom) 645

M.S.SONAK
New India Assurance Company Ltd. – Appellant
Versus
Fatima Malik Shaikh, widow of late Shri Malik Shaikh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Y. Mandrekar, Advocate
For the Respondent:Mr. Shailesh Redkar, Advocate

JUDGMENT :

1. Heard Ms. Y. Mandrekar, learned counsel for the appellant, and Mr. S. Redkar, learned counsel for respondents Nos. 2 and 3.

2. The challenge in this appeal is to the judgment and award dated 27th October 2015 made by the Motor Accident Claims Tribunal, Margao, in Claim Petition No. 82/2014, instituted by the claimants on account of the death of Ibrahim Shaikh in a motor accident that took place on 24.04.2013. Ibrahim Shaikh was 35 years old at the time of the accident.

3. The first claimant is his mother, Fatima; the second claimant is his wife, Raziya; and the third claimant is his daughter Rihana who was one year old at the time of the accident. The fourth, fifth, and sixth claimants are the sisters of Ibrahim Shaikh. The fourth claimant has been deleted since she was found not to be dependent upon Ibrahim Shaikh. Therefore, in this matter, we are concerned with the claim of five claimants.

4. Ms. Mandrekar, learned counsel for the appellant, pointed out that her basic objection was to the award of compensation in paragraphs 23 and 24 of the impugned award in terms of which the Tribunal has granted Rs.1,00,000/-towards love and affection and further Rs.1,00,000/-towards

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