BOMBAY HIGH COURT
ROHIT W. JOSHI, J
THE NEW INDIA ASSURANCE CO. LTD. THR. DIVISIONAL MANAGER AKOLA THR. REGIONAL MANAGER NAGPUR – Appellant
Versus
SMT. MANDA WD/O DATTATRAYA PALASKAR AND OTHERS – Respondent
Heard finally with consent of learned counsel for appellant and learned counsel for respondent Nos.1 to 5. The respondent No.6/the owner of the vehicle is absent. However, the matter is heard finally in his absence since, his rights are not adversely affected by the outcome of the present appeal.
(2) The respondent Nos.1 to 5 had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 , being M.A.C.P. No.46/2015 seeking compensation on account of sad demise of late Dattatraya Palaskar, husband of the respondent No.1 and father of respondent Nos.2 to 5. The said claim petition was partly allowed vide judgment and award dated 24.10.2019, passed by the learned Member, Motor Accident Claims Tribunal, Akola. The learned Tribunal has awarded compensation of Rs.43,79,468/- including amount of ‘No Fault Liability’ payable with interest @ 7% per annum from the date of institution of petition till realization of the entire amount.
(3) The appellant is the original respondent No.3 – the Insurance Company of the offending vehicle. The only contention raised in the present appeal is in respect of quantum of the compensation awarded.
(4) Mr. Joshi, learned counsel f
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