PANKAJ G. NAIK Vs. RANJANA R. MANDREKAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Learned counsel for the parties agree that both these appeals can be disposed of by a common judgment and order as the appeals concern claims which arise from the same accident that took place on 16/3/2010 in which Girish Mandrekar and Nagraj Desai died. The First Appeal No.52/2017 concerns the Claim Petition instituted by the dependents of late Girish Mandrekar and First Appeal No.53/2017 concerns the Claim Petition instituted by the dependents of late Nagraj Desai. Therefore, it is only proper that both these appeals are considered and disposed of by a common judgment and order.

(3.) The Motor Accident Claims Tribunal, at Panaji (Tribunal) by the impugned judgment and award dtd. 29/11/2016 made in the respective claim petitions has held that the dependents of Girish Mandrekar are entitled to compensation of Rs.9,54,000.00 and the dependents of Nagraj Desai are entitled to compensation of Rs.7.00 lakhs. However, the Tribunal exonerated ICICI Lombard General Insurance Company Limited (Insurance Company) and foisted the entire liability of payment of this compensation upon the appellants i.e. Pankaj Naik (driver of the truck) and Samir Naik (owner of the truck). Hence these appeals by Pankaj and Samir.