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2022 Supreme(Bom) 2100

M. S. SONAK
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
Priyanka K. Mayekar – Respondent


Advocates Appeared:
James Lopes, Advocate, Pranav Vaze, Advocate, Matlock Dsouza, Advocate, Barbara Andrade, Advocate

JUDGMENT

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

2. First Appeal No. 90/2015 challenges the judgment and award dated March 11, 2015, made under sec. 140 of the Motor Vehicles Act, 1988, and First Appeal No. 813/2022(f) challenges the impugned judgment and award dtd. 16/11/2021 made under sec. 166 of the M.V. Act, 1988 (M.V. Act). In addition, the Claimants have filed a cross-objection in First Appeal No. 813/2022(f ), claiming higher compensation. Accordingly, it is only appropriate that a common judgment and order dispose of both these appeals and the cross-objection.

3. Both appeals arise out of Claim Petition No. 120/2013, instituted by the widow and three minor children of the late Kundan Mayekar, who died in a vehicular accident on 8/4/2011. In the award under sec. 140 of the M.V. Act, the Motor Accident Claims Tribunal (Tribunal) awarded compensation of 50,000/- to the claimants. On the other hand, in the award under sec. 166 of the M.V. Act, the Tribunal awarded compensation of Rs.33,70,000.00, with interest at the rate of 9% per annum from the date of the claim petition, till full and final payment, after adjusting the award under sec. 140 of the M.V. Act.

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