LAWS(BOM)-2022-5-102

ORIENTAL INSURANCE CO. LTD Vs. YVETTE GOMENDES

Decided On May 23, 2022
ORIENTAL INSURANCE CO. LTD Appellant
V/S
Yvette Gomendes Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The First Appeal No.80/2015 has been instituted by the Oriental Insurance Company, and the owner of the vehicle no.KA-22-A-7022 (container truck) to question the Judgment and award dtd. 21/1/2015 (the impugned Judgment and award) in Claim Petition No.102/2010, instituted by Ms. Yvette Gomendes (Yvette) and Cressida Gomendes (Cressida), the widow and daughter of late Januarius Gomendes (Januarius), who died in a vehicular accident on 9/10/2009. This appeal questions the compensation awarded to Yvette and Cressida due to the death of Januarius.

(3.) The First Appeal No.160/2018 is instituted by Cholamandalam MS General Insurance Co. Ltd. The insurer of Tata Tipper truck bearing registration no. GA-08-U-2471 also involved in the same accident to question the above-impugned Judgment and award in Claim Petition No.102/2010 to the extent it imposes liability on it. This appeal also challenges the compensation awarded to Yvette and Cressida.