THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, Vs. NAMDEO JANGLU SONWANE AND ORS.
HIGH COURT OF BOMBAY (AT: NAGPUR)
The Branch Manager, United India Insurance Company Limited,
Namdeo Janglu Sonwane And Ors.
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(1.) By this appeal filed under Section 173 of the Motor Vehicles Act, 1988, the appellant challenges the award passed by the Claims Tribunal in Claim Petition No. 290 of 1999.
(2.) The brief facts that are required to be taken into consideration are that one Prakash, son of respondents no. 1 and 2, aged about 24 years, was working at Hardoli Paper Mill and earning amount of Rs. 3500/- per month. On 10.2.1999 when he was proceeding on his scooter, he was dashed by a tanker from the opposite direction, resulting in his accidental death. The claimants, therefore, filed claim petition under Section 166 of the said Act, claiming compensation of Rs. 4,00,000/-. The Claims Tribunal, after considering the material on record, proceeded to award an amount of Rs. 3,45,500/- as compensation. Being aggrieved thereby, the present appeal has been filed.
(3.) Shri Kukday, learnedcounsel for the appellant submitted that the Claims Tribunal was not justified in computing the income of the deceased as Rs. 3500/- per month without any sufficient evidence. He further submitted that no document in that regard was filed by respondent nos. 1 and 2. It was then submitted that the aspect of negligence was also not considered in the proper perspective, thereby rendering the judgment of the Claims Tribunal vulnerable.;
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