Mr. Anand Atmaram Barde, Mrs. Anjita Anand Barde vs Mrs. Rashmi Mathkar, Mr. Amit Mathkar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BENCH AT GOA
M. S. SONAK, J
Mr. Anand Atmaram Barde, Mrs. Anjita Anand Barde – Appellant
Versus
Mrs. Rashmi Mathkar, Mr. Amit Mathkar – Respondent

Advocates:
For the Appellants/Petitioners: Mr. J. J. Mulgaonkar, Ms. Rupa Banaulikar
For the Respondents: Mr. Shivan Desai, Ms. M. Viegas

Table of Content
1. assessment of compensation based on evidence and income computation. (Para 2 , 3 , 4)
2. arguments concerning contributory negligence and compensation adequacy. (Para 5 , 6 , 10)
3. negligence determinations and reassessment for compensation entitlement. (Para 11 , 12 , 14 , 15 , 20)
4. final decision on compensation enhancement and appeal conclusion. (Para 21 , 22)

ORAL JUDGMENT:

1. Heard Mr J. J. Mulgaonkar, who appears along with Ms Rupa Banaulikar for the Appellants and Mr Shivan Desai, who appears along with Ms M. Viegas for the Respondents.

2. The appellants challenge the Judgment and Award dated 26.08.2022 made by the Motor Accident Claims Tribunal (Tribunal) at Mapusa in Claim Petition No.126/2017 to the `

extent they were awarded compensation of only 3,00,000/- with interest @ 7% p.a. for the death of their son Anush Barde in a vehicular accident.

3. The evidence on record shows that Anush had studied up to Std. Xth from Mandre High School. After he failed in Std. Xth, Anush did a course in open school and passed Std. Xth. There are some certificates confirming the participation of Anush in sports activities. Anush was 18 years old at the time of his demise in a

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BENCH AT GOAM. S. SONAK, JMr. Anand Atmaram Barde, Mrs. Anjita Anand Barde – AppellantVersusMrs. Rashmi Mathkar, Mr. Amit Mathkar – Respondent

BENCH AT GOA
M. S. SONAK, J
Mr. Anand Atmaram Barde, Mrs. Anjita Anand Barde – Appellant
Versus
Mrs. Rashmi Mathkar, Mr. Amit Mathkar – Respondent