Anita Rajendra Sonwane And Others v. The New India Assurance Co. Ltd. And ORS

2025:BHC-AUG:13840 915-CA-5417-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 5417 OF 2025 IN FA/1876/2024 ANITA RAJENDRA SONWANE AND OTHERS

VERSUS

THE NEW INDIA ASSURANCE CO. LTD. AND ORS ...

Ms. Kazi Sabahat T., Advocate for Applicants Mr. V. S. Badakh, AGP for Respondents-State Mr. A. B. Gatne, Advocate for Respondent No.1 ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 07.05.2025 PER COURT :- .

Heard Ms. Kazi, learned Advocate appearing for applicants. She submits that the claimant No.4, Anjanabai Manikrao Sonwane, expired on 04.01.2017 i.e., during the pendency of the appeal. However, no steps were taken by the insurance company to bring legal representatives on record or to carry out the necessary amendment in the appeal memo. She further submits that Claimant Nos. 1 to 3 were dependents of the deceased and are also the legal representatives of the late Anjanabai. Therefore, the enhanced compensation amount may be released in favour of Applicant/Claimant Nos. 1 to 3.

(( 2 )) 915-CA-5417-25 2.

It is apparent that the claim was raised for compensation due to the accidental death of Rajendra Sonwane. Applicant No. 1 is the widow, and Applicant Nos. 2 and 3 are the daughter and son of the deceased, respectively. Late Anjanabai was the mother of the deceased. It is, therefore, evident that applicant Nos. 1 to 3 are the only dependents left behind and hence, the compensation amount apportioned to the share of Applicant No. 4 can be released in favour of Applicant Nos.1 to 3. In result, the application is allowed in terms of prayer clause (D) and stands disposed of.

[ S. G. CHAPALGAONKAR, J. ] HRJadhav