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2022 Supreme(Bom) 1477

M.S.SONAK
Oriental Insurance Co. Ltd – Appellant
Versus
Yvette Gomendes – Respondent


Advocates appeared:
E. Afonso, Advocate, C. Afonso, Advocate, C.A. Coutinho, Advocate, James Lopes, Advocate

JUDGMENT

M. S. Sonak, J. - Heard learned Counsel for the parties.

2. The First appeal No.80/2015 has been instituted by the Oriental Insurance Company, and the owner of the vehicle no.Ka-22-a-7022 (container truck) to question the Judgment and award dated 21.01.2015 (the impugned Judgment and award) in Claim Petition No.102/2010, instituted by Ms. Yvette Gomendes (Yvette) and Cressida Gomendes (Cressida), the widow and daughter of late Januarius Gomendes (Januarius), who died in a vehicular accident on 09.10.2009. This appeal questions the compensation awarded to Yvette and Cressida due to the death of Januarius.

3. The First appeal No.160/2018 is instituted by Cholamandalam MS General Insurance Co. Ltd. The insurer of Tata Tipper truck bearing registration no. Ga-08-U-2471 also involved in the same accident to question the above-impugned Judgment and award in Claim Petition No.102/2010 to the extent it imposes liability on it. This appeal also challenges the compensation awarded to Yvette and Cressida.

4. The First appeal No.81/2015 is instituted by the Oriental Insurance Co. Ltd. and the owner of the container truck against the Judgment and award dated 21.01.2015 in Claim Petition No

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