Bombay High Court
Cholamandalam Ms Gen. Ins. Co. Ltd. vs Sangita Macchindra Gulave And Ors. on 7 August, 2025
Author: Shivkumar Dige
Bench: Shivkumar Dige
2025:BHC-AS:35165
Shubhada S Kadam 906-FA-861-2025-Judgment.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.861 OF 2025
Cholamandalam MS Gen. Ins. Co. Ltd. )
Hydraulic Mobile, Crane No. MH09CL 3353 )
Issuing and branch office - Mouni Vihar )
Apartment, 13,14,15 CS No. 1146/B, E ward, )
Takala Chowk, Tal. Karveer, Kolhapur - 416 )
001 )
)
Policy No. 3380/00918138/000/00 ) Appellant
Policy Period - 24/12/2015 to 23/12/2016 )... (Insurer)
Versus
1 Sangita Macchindra Gulave )
Aged : 42 Years, Occ : Housewife )
R/o. Shindewadi - 413 506, )
Post : Keshegaon, Tal & Dist. Osmanabad )
2 Balaji Macchindra Gulave )
Age 22 years, Occ : Education )
R/o. As above )
3 Swapnil Macchindra Gulave )
Age 19 years, Occ : Education )
R/o. As above )
4 Ranjeet Raosaheb Shelke )
Age : Major, Owner of Hydraulic Mobile crane )
R/o. Kaneriwadi, Tal. Karveer, Dist - Kolhapur )
5 Jitendrakumar Rajendra Gond )
Age 23 years, Occ - Driver of hydraulic )
Mobile Crane, R/o. S. No.192, Chakrapani )
Colony, Bhosari - 411039, Pune, Dist. Pune )
)
(Present Respondent No.1 to 3 being original )
Claimants and Respondent No.4 & 5 being )
original opposite party No.1 and 3 )
respectively) )... Respondents
SHUBHADA Mr. Rajesh Kanojia i/b. Res Juris, Advocates for the Appellant.
SHANKAR Mr. Pritesh K. Bohade, Advocate for Respondent Nos.1 to 3./Claimants.
KADAM
Digitally signed by
SHUBHADA CORAM : SHIVKUMAR DIGE, J.
SHANKAR KADAM
Date: 2025.08.14
12:56:34 +0530 DATE : 7th AUGUST, 2025.
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Judgment :
1. This appeal is preferred by the appellant-Insurance Company
against the Judgment and Order passed by the Motor Accident Claims
Tribunal, Kolhapur (for short "the Tribunal").
2. It is contention of learned counsel for the appellant-Insurance
Company that the Tribunal has considered monthly income of the
deceased at Rs.25,000/- per month without any evidence on record. If the
claimants concede for considering the income of deceased at Rs.15,000/-
per month, this appeal can be disposed of.
3. Learned counsel for respondents Nos.1 to 3/claimants
submitted that the claimants are ready to accept the monthly income of
the deceased at Rs.15,000/- pm. He further submitted that the Tribunal
has awarded consortium amount on lower side, it be awarded and
requested to dispose of the appeal.
4. I have heard both learned counsel, perused the judgment and
order passed by the Tribunal.
5. Both learned counsel are agreeable if the monthly income of
the deceased is fixed at Rs.15,000/- instead of Rs.25,000/- considered by
the Tribunal. Hence, I am considering monthly income of the deceased at
Rs.15,000/-.
6. The Tribunal has awarded consortium amount on lower side.
As per the view of Hon'ble Apex Court in Magma General Insurance Co.
Ltd. vs. Nanu Ram, 2018 ACJ 2782 (SC), each claimant is entitled
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for Rs.48000/- as consortium amount, Rs.18,000/- for loss of estate and
Rs.18000/- for funeral expenses.
7. Considering the above calculations, the claimants are entitled
for following compensation :
Particulars Rs. Amount
Annual Income (Rs.15,000/- x 12) Rs. 1,80,000.00
25% future prospects Rs. 45,000.00
Total Rs. 2,25,000.00
1/3rd deduction towards personal Rs. 75,000.00
expenses
Total Rs. 1,70,000.00
Rs.1,50,000/- x 13(multiplier) Rs. 19,50,000.00
Consortium (Rs.48,000/- x 3 Rs. 1,44,000.00
(claimants))
Funeral Expenses Rs. 18,000.00
Loss of Estate Rs. 18,000.00
Total Compensation Rs. 21,30,000.00
If Rs.21,30,000/- considered by this Court is deducted from
Rs.33,20,000/- granted by the Tribunal, it comes to Rs.11,90,000/-. This is
an excess amount, which the appellant-Insurance Company is entitled to.
8.. In view of above, I pass the following order :
ORDER
(1) The appeal is allowed.
(2) The appellant/Insurance Company is permitted to
withdraw Rs.11,90,000/- along with proportionate interest
thereon out of the deposited amount.
Shubhada S Kadam 906-FA-861-2025-Judgment.doc
(3) Respondent Nos.1 to 3/claimants are permitted to
withdraw the balance amount with proportionate
interest thereon.
(4) The statutory amount be transmitted to the Tribunal
along with accrued interest thereon. The parties are
at liberty to withdraw it as per Rule.
The first appeal stands disposed of.
(6) Record and Proceedings be sent back to the Tribunal.
8. Pending applications, if any, stand disposed of.
(SHIVKUMAR DIGE, J.)
