Bombay High Court
The New India Assurance Co.Ltd, vs Sujata Ravindra Pawar And Others. on 23 July, 2025
Author: Shivkumar Dige
Bench: Shivkumar Dige
2025:BHC-AS:32350
S.S.Kilaje 7-FA-1837-2010 (C)-Judgment.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1837 OF 2010
The New India Assurance Co. Ltd. ... Appellant
Sangli Branch, Sangli, District Sangli
Versus
1 Sujata Ravindra Pawar
Age 32 years, Occ : Housewife.
2 Ravindra Vishwanath Pawar
Age 40 years, Occ : Nil
Both resident of Rethare
Haranaksh Tahsil Walva, District Sangli
3 Sunil Sarjerao Jadhav ... Respondents
Occ : Vehicle Owner and Driver
Residing at Savantpur Colony,
Near Kirloskar Wadi, Tal. Palus, District Sangli
.............
Mr. S. M. Dange, Advocate for the Appellant.
Mr. Mayank Tripathi i/b. Mr.Bhushan Walimbe, Advocate for the
Respondent Nos. 1 to 2.
Mr. Suraj S. Mhadgot a/w. Mr. Harsh Khot, Advocates for Respondent No.3.
CORAM : SHIVKUMAR DIGE, J.
DATED : 23rd JULY, 2025.
ORAL JUDGMENT :
1. This appeal is preferred by the appellant / Insurance Company
against the Judgment and Order passed by Motor Accident Claims
Tribunal, Islampur (for short "the Tribunal").
2. It is contention of learned counsel for the appellant/Insurance
S.S.Kilaje 7-FA-1837-2010 (C)-Judgment.doc
Company that the policy was issued on 04.03.2005 and it was effective
from 07.03.2005. The accident occurred on 04.03.2025 at 6:00 p.m. and
the premium of the said policy was paid at 3:47 p.m. in cash. As the effect
of policy was from 07.03.2005 but the Tribunal has not considered this fact
and passed impugned order which is erroneous, hence requested to allow
the appeal.
3. It is contention of learned counsel for respondent Nos. 1 and
2/claimants that before the accident, the policy was issued by the
Insurance Company and premium was paid. Though effect of the policy
was after two days but at the time of accident the policy was in existence.
The Tribunal has passed well reasoned order. No interference is required
in it. Hence, requested to dismiss the appeal.
4. I have heard all the learned counsels. Admittedly, at the time of
accident, the policy was in existence and premium of the said policy was
paid. Though it is contention of learned counsel for the appellant that it
was to be effective after two days, in my view, the premium of the
insurance policy was paid and policy was issued to the offending vehicle
before the accident, hence the Insurance Company is liable to pay
compensation. I do not find merit in the contention that at the time of
accident, the policy was not in effect.
The Tribunal has awarded consortium amount on lower side. As per
S.S.Kilaje 7-FA-1837-2010 (C)-Judgment.doc
the view of Hon'ble Apex Court in the case of Magma General Insurance
Co. Ltd. vs. Nanu Ram, 2018 ACJ 2782 (SC) , 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. There are two claimants. Total comes to
Rs.1,32,000/-. The Tribunal has awarded Rs.25,000/- for funeral expenses.
If this amount deducts from Rs.1,32,000/-, it comes to Rs.1,07,000/-. The
claimants are entitled for this amount.
5. In view of above, I pass following order:
ORDER
i. The appeal is dismissed.
ii. The respondent Nos. 1 and 2/ claimants are entitled for
enhanced amount of Rs.1,07,000/- @ 7.5% interest per
annum from 1st November 2017 till realisation of the
amount.
iii. The appellant/Insurance Company shall deposit the
enhanced amount along with accrued interest within six
weeks after receipt of the order.
iv. The respondent Nos 1 and 2/claimants are permitted to
withdraw deposited amount along with accrued interest
thereon.
v. The statutory amount along with accrued interest be
S.S.Kilaje 7-FA-1837-2010 (C)-Judgment.doc
transmitted to the Tribunal. The parties are at liberty to
withdraw it as per Rule.
vi. All pending applications, if any, also disposed of.
( SHIVKUMAR DIGE, J.)
SONALI SATISH
by SONALI
KILAJE
SATISH Date:
2025.07.31
KILAJE +0700
11:23:42
