REGENT COMPUTRONICS PVT. LTD.

Shyam K. Karmalkar Appellant

V/S

Jaywant Chougale Respondents

Referred Judgements :-

JOSE P.J. VS. NIYAS [REFERRED TO]
ORIENTAL INSURANCE CO. LTD. VS. MEENAKSHI [REFERRED TO]
S. CHANDRASEKHARAN VS. M. DINAKAR [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. PREMLATA SHUKLA [REFERRED TO]
BIMLA DEVI VS. HIMACHAL ROAD TRANSPORT CORPN [REFERRED TO]
DULCINA FERNANDES VS. JOAQUIM XAVIER CRUZ [REFERRED TO]
HDFC ERGO GENERAL INSURANCE CO. LTD. VS. LALTA DEVI [REFERRED TO]
THE NEW INDIA INSURANCE CO.LTD, CITY BRANCH III, THROUGH ITS BRANCH MANAGER, D.NO.34, ALAGARKOIL ROAD, TALLAKULAM, MADURAI VS. MANONMANI [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]
SUNITA AND OTHERS VS. RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND ANOTHER [REFERRED TO]
JUMANI BEGAM VS. RAM NARAYAN [REFERRED TO]
ANITA SHARMA AND OTHERS VS. THE NEW INDIA ASSURANCE COMPANY LIMITED AND ANOTHER [REFERRED TO]

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The Appellants-Claimants, challenge the Judgment and Award dtd. 8/2/2018 made by the Motor Accident Claims Tribunal, Panaji (Tribunal), rejecting the Appellants' Claim Petition No. 70/2018, on the ground that the Appellants failed to prove that the accident, in which their son/brother Minesh Karmalkar died, took place due to rashness and negligence on the part of the owner and the driver of the truck (Eicher) bearing registration No. GA-05-T-3218.

(3.) The Tribunal, in the impugned Award, determined the compensation payable to the Appellant at Rs.20,39,000.00. However, the Tribunal rejected the claim petition because the Appellants, according to the Tribunal, failed to prove any rashness and negligence on the part of Respondents No.1 and 2, i.e. the owner and the driver of the truck (insured vehicle). Hence, this Appeal.

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SHYAM K. KARMALKAR Vs. JAYWANT CHOUGALE

Referred Judgements :-

JUDGEMENT

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