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2022 Supreme(Bom) 1166

N.J.JAMADAR
National Insurance Company Limited – Appellant
Versus
Ashok Rajaram Bambulkar – Respondent


Advocates appeared:
Amol Gatne, Advocate, T.J. Mendon, Advocate

JUDGMENT

N.J. Jamadar, J. - This appeal and cross objection are directed against the judgment and award dated 2nd December, 2014 passed by the learned Member, MaCT, Mumbai in MaCP No. 1036 of 2013 whereby the application preferred by respondent Nos. 1 and 2/ original claimants for compensation under section 166 of the Motor Vehicles act, 1988 (MV act, 1988) in respect of death of their son Milind ashok Bambulkar (the deceased) in the vehicular accident, came to be partly allowed by awarding a compensation of Rs. 8,87,000/- along with interest at the rate of 7.5% p.a. from the date of application till realization.

2. Shorn of superfluities, the background facts leading to appeal and cross objection can be stated as under:

    (a) Milind, the deceased, then 25 years of age was working as an Office assistant with Royal art Electrodes Limited, Vasai. He drew salary of Rs. 10,000/- p.m. On 18th May, 2013 at about 11.40 pm the deceased was riding a motor cycle bearing No. MH-02-CS 710 on his way to Pramila Nagar, Flyover bridge, Dahisar (w), Mumbai. Mr. Sunil Patre was the pillion rider. When they reached Pramila Nagar Flyover bridge, a car, of Tata Indica make, bearing registration No. MH-04-D

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