UNITED INDIA INSURANCE CO. LTD. Vs. DILON

JUDGEMENT

(1.) Heard Mr. Netravalkar for the appellant-insurance company and Mr. Mulgaonkar learned Senior Advocate who appears along with Mr. Prasheen Lotlikar and Ms. Rupa Banaulikar for respondents-claimants.

(2.) The appellant-insurance company challenges the judgment and award dtd. 2/6/2021 in Claim Petition No.113/2013, by which the Motor Accident Claims Tribunal (Tribunal) at Panaji awarded compensation of Rs.21,42,093.00 with interest @ 9% p.a. To the claimant for the demise of his wife, Mrs. Estelina Fernandes, in a vehicular accident that occurred on 4/4/2012.

(3.) Mr. Netravalkar fairly submitted that the appellant was not questioning the finding on rashness and negligence. He, however, submits that the claimant's petition was not maintainable because the claimant Dilon was not dependent on his wife, Estelina. Therefore, no compensation for dependency was payable to Dilon. Besides, he submitted that the accident occurred on 4/4/2012, but Estelina expired only on 5/3/2013. Consequently, he submitted that there was no nexus between the accident and Estelina's death. Without such nexus, he submits that the claim petition was not maintainable, or in any case, no compensation could have been awarded to Dilon.