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M. S. SONAK
National Insurance Co. Ltd. – Appellant
Versus
Tukaram Narayan Zikambade – Respondent


Advocates Appeared:
Mr. U.R. Timble and Ms. Yadika Mandrekar, Advocates for the Appellant, for the Appellant; Mr. Milton Marshal, Advocate for the Respondent Nos.1 to 5

JUDGMENT

1. Heard Mr. Timble for the Appellant and Mr. Milton Marshal for the respondent nos.1 to 5.

2. The Insurance Company challenges the judgment and award dated 29.02.2016 made by the Motor Accident Claims Tribunal awarding respondents nos.1 & 2 compensation of ?15,71,000/- exclusive of the amount of ?50,000/- awarded towards no-fault liability.

3. Mr. Timble learned Counsel for the Appellant submitted that this was a case of contributory negligence. He submitted that the deceased's income was incorrectly taken at ?8,000/- per month when there was no evidence to support the same. He proposes that his income could have been taken at a maximum of ? 5,000 on a notional basis. He submits that the award of ?2,00,000/- towards love and affection and ?1,00,000/- towards loss of estate contrary to the law in National Insurance Company Limited V/s. Pranay Sethi & Ors., (2017) 16 SSC 680 and Magma General Insurance Co. Ltd V/s. Nanu Ram Alias Chuhru Ram, 2018 18 SCC 130. He submits that even the compensation of ?25,000/-towards funeral expenses is contrary to the law in Pranay Sethi (supra). For these reasons, he submits that the impugned award may be set aside or suitably modified.

4. Mr.

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