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Bombay High Court
Shriram General Insurance Co. Ltd. vs Shri. Ashok Atmaram Kamble And Ors. on 9 April, 2026
2026:BHC-AS:16970
19 FA 1268-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1268 OF 2024
Shriram General Insurance Co. Ltd. ... Appellant.
Versus
Ashok Atmaram Kamble and Ors. ... Respondents.
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Ms Shalini Shankar for the Appellant.
Mr Vasant N. More a/w. Saif Kazmi for Respondent No..1 and 2.
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Coram : Sharmila U. Deshmukh, J.
Date : April 09, 2026
P.C. :
1. First Appeal has been filed by the Insurance Company being
aggrieved by the judgment dated 4th May, 2024 passed by the
Commissioner for Employees Compensation partly allowing the
application and directing the payment of compensation amount of
Rs.8,47,160/- to the Applicants along with interest.
2. The application came to be filed by the parents of the
deceased, who expired on 1st June, 2019, in vehicular accident
arising out of and during the course of his employment. The
deceased was aged about 28 years and was employed as a driver
with Opponent No.1 and was getting salary of Rs.12,000/-
sa_mandawgad 1 of 5
19 FA 1268-24.doc
excluding Rs.100/- per day daily out station allowance. The accident
had occurred on 1st June, 2019 at about 3:30 p.m. when the
deceased lost control over the steering wheel and dashed against
the wall of the tunnel, in which the vehicle turned turtle and the
deceased sustained serious injury. The deceased later on
succumbed to his injuries. With this case, the parents of the
deceased applied for compensation.
3. The Opponent No.2-Insurance Company filed its written
statement stating that the Applicant has not filed any documents
such as FIR and as per the eye witness's statement on record, the
deceased was under the influence of alcohol and there is breach of
terms and conditions of the policy which would exempt the
insurance company from paying any compensation. The defence of
absence of employer employee relationship was also taken. The
Trial Court framed the necessary issues and held that the accident
had occurred during the course of employment and arising out of
employment and there exists employer-employee relationship and
granted compensation.
4. Learned counsel appearing for the Insurance Company has
taken this Court in detail through the impugned judgment and
would submit that it was the specific case of the Insurance
sa_mandawgad 2 of 5
19 FA 1268-24.doc
Company that there is an eye witness statement about the
deceased having driven the vehicle under influence of alcohol and
thus there is breach of terms of the insurance policy. She would
point out to the post-mortem report which states that the blood is
preserved for chemical analysis. She submits that the same
therefore gives rise to presumption that the deceased was driving
the vehicle under the influence of alcohol. She submits that there is
perversity in the findings of the Trial Court as the said aspect has
not been taken into consideration by the Trial Court. She would
further submit that there was no employer employee relationship
between the deceased and the Opponent No.1 and no documents
were produced to prove the salary of the deceased.
5. I have considered the submissions.
6. The Appeal can be lie only if the appeal raises a substantial
question of law. The applicant's claim for compensation was on
account of the death of the deceased, who was employed as a
driver and had expired in the course of his employment. The Trial
Court has considered the evidence on record such as the statement
of the witness, who had deposed that the accident had taken place
when the deceased was driving the motor vehicle owned by the
Opponent No.1. The Trial Court has considered that the witness
sa_mandawgad 3 of 5
19 FA 1268-24.doc
was of the insurer has admitted that the policy was valid at the
time of the accident and the opposite party was covered under the
policy of insurance. The Trial Court held that the owner of the
vehicle was Opponent No.1 and the police papers and the
testimony of the Applicant were sufficient to conclude that the
Applicant was working with the Opponent No.1 as driver. As it was
not disputed that the opposite party no.1 is the registered owner
of the motor vehicle, the only conclusion which can be drawn is that
the deceased who was driving the vehicle at the time of accident
was in the employment of the Opponent No.1.
7. There is no dispute raised that the deceased had expired in an
accident while driving the motor vehicle which constitutes an
accident arising in the course of employment. The submission is
that the deceased was driving under the influence of alcohol which
was the submission canvassed before the Trial Court and it was
stated that there was an eye witness's statement on record.
Admittedly, before the Trial Court, no such statement was
produced and neither the so-called eye witness was examined.
Mere reliance on the post-mortem report which had preserved the
blood for chemical analysis is not sufficient to come to a conclusion
that the deceased was driving under the influence of alcohol.
sa_mandawgad 4 of 5
19 FA 1268-24.doc
8. The Trial Court on the basis of evidence on record has rightly
arrived at a conclusion that the deceased has died in an accident
arising out of and in the course of employment. Insofar as the
monthly wages is concerned, the Trial Court has considered the
salary at Rs.8,000/- and by applying necessary multiplier has
calculated the compensation amount which is in accordance with
the provisions of the Act.
9. There is no perversity which is demonstrated in the findings
of the Trial Court. No substantial question of law arises in the
present appeal. Resultantly, First Appeal fails and stands dismissed.
10. In view of dismissal of Appeal, pending civil/interim
application, if any, does not survive for consideration and same
stands dismissed.
[Sharmila U. Deshmukh, J.]
sa_mandawgad 5 of 5
Signed by: Sanjay A. Mandawgad
Designation: PA To Honourable Judge
Date: 09/04/2026 21:00:54
