Bombay High Court
Siddharth Nivrutti Jagatap vs Reliance General Insurance Co. Ltd. And ... on 12 August, 2025
Author: Shivkumar Dige
Bench: Shivkumar Dige
2025:BHC-AS:35190
26-FA-1617-2025-JUDG.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1617 OF 2025
Shri.Siddharth Nivrutti Jagatap }
Age-39 years, Occ: Labour, }
R/at 7/16, Type II, Range Hills, }
Khadaki, Pune-411 020 } ...Appellant
Versus
1. Reliance General Insurance Co. Ltd. }
R/at R/O19, Reliance Centre, Walchand, }
Hirachand Marg, Baillard Estate, }
Mumbai-400 001 }
2. Gourav Touts & Travels }
Prop : Anil Shankar Kenjale }
Age-Adult, Occ: Business, }
R/at Kathapur, Taluka-Koregaon, }
District-Satara } ...Respondents
----
Mr.Yogesh Pande, for the Appellant.
Ms.Poonam Mital, for Respondent No.1
----
CORAM : SHIVKUMAR DIGE, J.
DATE : 12th AUGUST 2025
ORAL JUDGMENT :-
. The issue involved in this Appeal is deduction of the
amount for personal expenses.
N.S. Kamble page 1 of 4
26-FA-1617-2025-JUDG.doc
2. It is contention of the learned counsel for the
Appellant-Claimant that, the deceased was married, but the
Tribunal has deducted ½ amount for personal expenses, it should
be 1/3rd. The learned counsel further submitted that, the
Tribunal has awarded consortium amount on lower side. Hence,
requested to allow the Appeal.
3. It is contention of learned counsel for the
Respondent-Insurance Company that, the Tribunal has passed
well reasoned order, no interference is required in it and
requested to dismiss the Appeal.
4. I have heard both learned counsel. Perused judgment
and order passed by the Motor Accident Claims Tribunal ('The
Tribunal' for short), Pune.
5. While deducting the amount for personal expenses,
the Tribunal has deducted ½ amount for personal expenses. The
deceased was married, hence, it should be 1/3rd. The Tribunal
has awarded consortium on lower side. As per view of Hon'ble
Apex Court in case of Magma General Insurance Co. Ltd. V/s.
N.S. Kamble page 2 of 4
26-FA-1617-2025-JUDG.doc
Nanu Ram1, each claimant is entitled for Rs.48,000/- as
consortium amount, Rs.18,000/- for funeral expenses and
Rs.18,000/- for loss of estate. Considering above calculation's the
Claimant is entitled for following compensation.
Particulars Amount
Monthly Income Rs.40,117.00
(+) Future Prospects (15% ) Rs.46,135.00
Yearly Loss of Dependency Rs.5,53,620.00
Rs.46,135 x 12
(-) Personal Expenses (1/3rd) Rs.1,84,540.00
Loss of Dependency Rs.3,69,080.00
Multiplier - 9 Rs.33,21,720.00
Total Loss of Income Rs.33,21,720.00
Conventional Heads with 10%
increase
Consortium (Rs.48,000) Rs.48,000.00
Loss of Estate Rs.18,000.00
Funeral Expenses Rs.18,000.00
Total Just Compensation Payable Rs.34,05,720.00
Already awarded by Tribunal Rs.25,66,290.00
Enhanced Amount Rs.8,39,430.00
6. In view of above, I pass following order.
1 2018 ACJ 2782 (SC)
N.S. Kamble page 3 of 4
26-FA-1617-2025-JUDG.doc
ORDER
(i) The Appeal is allowed.
(ii) The Claimant is entitled for enhanced amount
Rs.8,39,430/- @ 7.5% per annum from date of the
filing of the Claim Petition till realization of the
amount.
(iii) The Respondent-Insurance Company shall
deposit the enhanced amount along with accrued
interest thereon within eight weeks after receipt of
this order.
(iv) The Claimant is permitted to withdraw the
deposited amount alongwith interest.
(v) The Claimant shall pay deficit Court Fees on
enhanced amount, as per Rules.
(vi) There was 8 years and 171 days delay for filing
the Appeal, the Claimant is not entitled for interest on
enhanced amount for delayed period.
(vii) Record and Proceedings be sent back to the
Tribunal.
(viii) All pending Civil and Interim Applications are
disposed of.
(SHIVKUMAR DIGE, J.)
N.S. Kamble page 4 of 4
