STATE OF MAHARASHTRA Vs. GEETADEVI NARSINGDAS HOLANI

JUDGEMENT

(1.) This First Appeal is filed under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act") by Original Opponent No.1, against the Judgment and Order dtd. 30/06/2000, in M.A.C. Application No.1674 of 1993 ("Claim"), passed by the Motor Accident Claims Tribunal, Mumbai thereby said claim filed by Respondent Nos.1 to 3 was partly allowed and the Appellant/Original Opposite party was ordered to pay to Respondent Nos.1 to 4 ("Claimants") a compensation in the sum of Rs.4,75,264.00 alongwith interest at the rate of 10% per annum from January 1998 till the realisation of the amount.

(2.) Appeal is filed on the ground that the compensation awarded is excessive, whereas Respondent Nos.1 to 3 filed the Cross- objection claiming that the Tribunal erred in attributing contributory negligence to the deceased which resulted in awarding lesser compensation amount.

(3.) Record shows that the Appeal was admitted on dtd. 15/01/2001. Thereafter, Mr. A. J.Almeda, the learned Advocate filed his Vakalatnama dtd. 14/06/2001, for Respondent No.4. However, none remain present for Respondent No.4.