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2023 Supreme(Bom) 1318

S. G. CHAPALGAONKAR
Sumanbai w/o Subhash Mirkale – Appellant
Versus
Khadar Mastansab Shaikh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.B. Gastgar, Advocate
For the Respondent:Ms. M.S. Mhase Adv. I/b Lex Aquila, Mr. A.G. Kanade, Advocate

JUDGMENT :

1. The appellants/original claimants, aggrieved by the judgment and award date 22.8.2017 passed by the Motor Accident Claims Tribunal, Nilanga in MACP N0. 7 of 2012, approaches this Court under section 173 of the Motor Vehicles Act.

2. Mr. Gastgar learned advocate appearing for the appellants submits that the present appeal is filed aggrieved by the assessment of the compensation made by the Tribunal. He would submit that the claimants had raised the claim for compensation of Rs.38,95,000/- under section 166 of Motor Vehicles Act before the Tribunal. However, the award is passed for Rs.6,12,000/- along with interest at the rate of 6% p/a. He would further submit that the deceased was running the hotel. His earning ought to have been considered at least Rs.6,000 per month on notional basis. He would further submit that nothing has been granted towards future prospects. The deceased was in age group of 32 to 35 years and his family was dependent on him. As such the award is grossly inadequate.

3. Mr. Kanade learned advocate appearing for the respondent No. 4 would submit

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