LAWS(BOM)-2012-3-200

IFFCO TOKIO GENERAL INSURANCE CO LTD Vs. SUSHILABAI

Decided On March 15, 2012
IFFCO TOKIO GENERAL INSURANCE CO LTD Appellant
V/S
SUSHILABAI Respondents

JUDGEMENT

(1.) Heard finally at the stage of admission. Aggrieved by the direction to pay higher compensation in Motor Accident Claims Petitions, the present Appeals are preferred by the insurer i.e. original respondent No. 2 in both the Appeals.

(2.) The Petitions were filed by the legal representatives as well as dependants of two deceased, who were the real brothers.

(3.) The appellant challenges the finding of the Tribunal that the driver of the insured was negligent in driving the insured truck and in the alternative claims that the learned trial Court has granted excessive compensation, principally on the head of the compensation towards the non-conventional heads, as the learned Tribunal has arrived at a notional income of the deceased (though not expressly worded) at the rate of Rs. 3000/- per month.