THE NEW INDIA ASSURANCE CO. LTD. VELHO BUILDING, 3RD FLOOR, PANAJI Vs. SMT. NANDINI PRABHAKAR DESAI WIDOW OF PRABHAKAR VINAYAK DESAI, AGED 57 YEARS, HOUSEWIFE, RESIDENT OF FLAT NO. 7, LOTLIKAR BUILDING, COMBA, MARGAO, GOA
HIGH COURT OF BOMBAY
NEW INDIA ASSURANCE CO. LTD.
Smt. Nandini Prabhakar Desai
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C.V. Bhadang, J. -
(1.) The challenge in this appeal is to the judgment and order dated 06/11/2007, passed by the Motor Accident Claims Tribunal, Margao (Tribunal, for short), in Claims Petition No. 39/2000, by which, a compensation of Rs. 13,57,000/-, has been granted in favour of respondent nos. 1 and 2, under Section 166 of the Motor Vehicles Act, 1988 (the Act, for short) in respect of death of one Prabhakar Desai.
(2.) At the outset, it is necessary to mention that the challenge is limited to the quantum of the compensation awarded.
(3.) The brief facts are that now deceased Prabhakar was a Chartered Accountant. He was aged 59 years on the date of the accident. On 12/12/1998, the deceased was proceeding in his Maruti Car, bearing No. GA-02-A-5638. The accident occurred at about 17.45 hours, when the Truck bearing No. KL-7-U-6714 came from opposite direction and dashed against the Maruti Car, as a result of which, Prabhakar died on the spot. Respondent nos. 1 and 2 sought compensation of Rs. 40,71,410/- from the appellant and respondent nos. 3 and 4, under different heads. The appellant (respondent no.3 before the Tribunal) contested the claim, inter alia, on the ground that the compensation claimed was excessive and without any basis.;
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