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2024 Supreme(Online)(Bom) 1123

BOMBAY HIGH COURT
SHIVKUMAR DIGE, J
ROYAL SUNDARAM ALLIANCE GENERAL INSURANCE CO. LTD. – Appellant
Versus
SHRI. JAGDISH SHANKAR JOSHI AND ORS. – Respondent


Advocates:
Mr. Rahul Mehta i/b. KMC Legal Venture, Advocate for the Appellant. Digitally signed by Mr. Yogesh Pande, Advocate for Respondent Nos.1 to 3.

Oral Judgment :

1. The appellant-Insurance Company has preferred this appeal against the judgment and order passed by Motor Accident Claims Tribunal, Pune (for short “the Tribunal”). The claimants have filed cross objection for enhancement of compensation. As the appeal and cross- objection are against the same judgment and order, I am deciding it, by this common judgment.

2. It is contention of learned counsel for the appellant – Insurance Company that, at the time of the accident, the driver of the offending vehicle was not holding valid and effective driving license. Learned counsel further submitted that, at the time of the accident, deceased was under probation but the Tribunal has considered his whole salary as income, which is erroneous. Learned counsel further submitted that during the pendency of the claim petition, the widow of the deceased remarried, so the Tribunal should not have considered her as dependent of the deceased. Learned counsel submitted that the Tribunal has awarded consortium amount on higher side. He submitted that the while awarding compensation, the Tribunal should have considered the multiplier of the parents of the deceased instead of deceased.

Hence,re

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