LAWS(BOM)-2023-1-36

DEVIDAS ANANT BORKER Vs. AJAY BHAGWANT PEDNEKAR

Decided On January 12, 2023
Devidas Anant Borker Appellant
V/S
Ajay Bhagwant Pednekar Respondents

JUDGEMENT

(1.) Heard Mr. C. Fonseca, learned counsel for the Appellants, and Mr. A. Kakodkar, learned counsel for Respondent No.3-Insurance Company.

(2.) The Appellants are the parents of the deceased (Sonia). Sonia, aged 17 years and a student of Standard XIIth (Commerce stream ), met with a road accident on 17/1/2008 at Borim. She died five days later, i.e. on 22/1/2008.

(3.) The Tribunal, by the impugned judgment and award dtd. 1/9/2010, disposed of the Claim Petition No.23/2008 instituted by the Appellants by awarding them the compensation of Rs.1,34,500.00 with interest at the rate of 9% per annum from the date of the application till effective payment. The Tribunal reasoned that Sonia was a "non-earning member". Despite the evidence, no significant award was made towards the medical expenses incurred by the claimants between 17/1/2008 and 22/1/2008. Hence, this appeal seeks enhancement of compensation.