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2024 Supreme(Bom) 542

SHIVKUMAR DIGE
Sulabai Shamrao Navasare – Appellant
Versus
Balkrishna Namdeo Jadhav – Respondent


Advocates appeared:
Pradeep S.Gole, Advocate, Varsha Chavan, Advocate

JUDGMENT/ORDER

1. This appeal is preferred by the appellants/claimants against the judgment and order passed by the Motor Accident Claims Tribunal, Satara (for short "the Tribunal").

2. It is contention of learned counsel for the appellants/claimants that, at the time of accident, the offending vehicle was insured with respondent No.3 - Insurance Company. The RTO record produced on record, shows that the offending vehicle was insured for one year but the Tribunal has considered that it was for one month, on that ground, the Tribunal has directed the owner of the vehicle to pay the compensation and has exonerated the Insurance Company. Learned counsel further submitted that the Tribunal has observed that the deceased was working with BEST Undertaking as Establishment Officer and was drawing Rs.1902.91 as gross salary and Rs.1381.00 as net salary. While calculating the compensation, the Tribunal has considered monthly income of the deceased at Rs.900.00 per month, which is on lower side. Learned counsel further submitted that the Tribunal has applied wrong multiplier, not awarded future prospects and has awarded consortium amount on lower side. Hence, requested to allow the appeal.

3.

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