NEW INDIA ASSURANCE CO LTD Vs. SEEMA SUDAM AUTI AND ORS
LAWS(BOM)-2017-6-16
HIGH COURT OF BOMBAY
Decided on June 09,2017

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Seema Sudam Auti And Ors Respondents

JUDGEMENT

- (1.) Heard Ms.Poonam Mital for the appellant-Insurance Company and Mr.Avinash Gokhale for respondent Nos.1 to 4- original claimants before the Motor Accident Claim Tribunal (MACT).
(2.) The appellant, appeals against the judgment and award dated 29th April 2011 made by the MACT awarding the respondents-claimants compensation of Rs.71,36,917/- together with interest at the rate of 7% per annum from the date of the institution of the claim petition till realization of the amount.
(3.) The claim instituted by respondent Nos. 1 to 4 (claimants) arose on account of the demise of Sudam Auti on 25 th May 2006 in the accident between Maruti Alto Car (Alto) which he was driving and Tempo bearing registration No.MH-01/H-7008 (Tempo) at Rajuri Village, Ahmednagar- Kalyan Road. The collision between Tempo and Alto resulted in the death of Sudam on the spot and injuries to the two other occupants in the Alto. Sudam was 46 years old at the time of his unfortunate demise in the accident. He was working as Manager in Patalganga Plant of Reliance Industries and drawing monthly salary of Rs.52,000/- apart from several other perquisites. The MACT, by the impugned award, has directed the owner and insurer of the Tempo to pay compensation of Rs.71,36,917/- (excluding amount of Rs.50,000/- towards no fault liability) together with interest at the rate of 7% per annum from the date of the claim petition till realization. Aggrieved by the impugned judgment and award, the appellant Insurance Company has instituted the present appeal.;


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