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2023 Supreme(Bom) 314

SHIVKUMAR DIGE
Nitin Baban Dethe – Appellant
Versus
Devendra Deoram Shirsath – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shankar Katkar i/b Manisha Devkar
For the Respondent: Mr. Rajesh Kanojia a/w Ms. Nikita Singh i/b Res Juris

JUDGMENT :

1. The issues involved in this appeal are age of deceased, future prospects and consortium amount are not awarded.

2. It is contention of learned counsel for the appellant that the age of deceased was 48 years old at the time of accident, but the Tribunal has considered 65 years old. The claimant no. 2, who is wife of deceased was 40 years old, the claimant no. 1, son of deceased was 21 years old and the claimant no. 3 daughter of deceased was 19 years old at the time of filing claim petition. The FIR in respect of the said accident was filed by the police constable and he on guess work mentioned, the age of deceased as 65 years, and on that basis, in the postmortem report the age of deceased was mentioned as 65 years old. In claim petition, claimants had mentioned the age of deceased as 48 years old but, tribunal has considered the age of deceased as 65 years old which is not proper. Learned counsel further submits that the tribunal has not awarded future prospects as well as consortium amount.

3. Learned counsel for the respondent/insurance company vehemently submitte

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