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BOMBAY HIGH COURT - BENCH AT GOA
NUTAN D. SARDESSAI, J
National Insurance Co. Ltd. – Appellant
Versus
Mr Umesh M. Kholkar (since deceased) – Respondent


Advocates:
For the Appellants/Petitioners: Shri V. R. Timble
Shri S. D. Lotlikar, Senior Advocate with Ms. A. Naik
For the Respondents: Shri S. N. Joshi
Shri U. R. Timble

Table of Content
1. disputes regarding liability in vehicular accident. (Para 1 , 2 , 3)
2. arguments on compensation evaluation and contributory negligence. (Para 4 , 5 , 10 , 11 , 14)
3. methodology for calculating compensation including future earnings. (Para 15 , 18 , 19)

JUDGMENT

1.The First Appeal No.104 of 2016 is of the insurer challenging the judgment dated 15.09.2015 passed by the learned Motor Accident Claims Tribunal, Panaji, (MACT, for short hereinafter), while the First Appeal No.22 of 2017 is of the original claimants challenging the very same judgment and award of the MACT seeking enhancement of the compensation in appeal. Hence, for brevity's sake hereinafter, the two sets of appellants would be referred to as the insurer and the claimants respectively.

2.Admittedly, a vehicular accident had taken place on 13.08.2010 near the Ice Factory, Patto-Ribandar Causeway in which the son of the claimants had sustained grievous injuries while proceeding from Ribandar towards Panaji with the oncoming vehicle driven by the respondent no.1 and owned by the respondent no.2 in the insurer's appeal and succumbed to them while undergoing treatment at the Goa Medical College Hospital at B

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