Sbi General Insurance Co Ltd Through Its Branch Manager Nagpur v. Leena Wd/O Manesh Deshmukh And Others

1 / 2 53.caf280.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 280 OF 2025 IN FIRST APPEAL NO. 726 OF 2024 SBI General Insurance Co.,Nagpur Vs.

Leena wd/o Manesh Deshmukh and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. G.I. Dipwani, Advocate for applicant.

Ms. Shreya H. Bhagat, Advocate for respondent Nos.1 to 4.

CORAM : ROHIT W. JOSHI, J.

DATE : 03.02.2025.

Heard.

2.

Rule.

3.

Call for record and proceedings.

4.

The Insurance company has filed the present appeal challenging award dated 08.04.2024 passed by the learned Member, Motor Accident Claims Tribunal and Adhoc District Judge (1), Washim in M.A.C.P. No.11/2019 compensation of Rs.25,92,000/- is awarded towards loss of financial dependence. This amount is computed taking the monthly income of the deceased @ Rs.12,000/- per Prity

2 / 2 53.caf280.2025 month. The only contention canvassed by the learned counsel for appellant is that instead of Rs.12,000/- per month the monthly income should have been taken as Rs.9,000/-.

5.

Having regard to the aforesaid, in my considered opinion there should be no difficulty in allowing the application to the extent of 3⁄4th amount.

6.

However, having regard to the fact that the respondent Nos.2 and 4 are minor, for the present I am inclined to allow the application only to the extent of Rs.15,75,000/-. The balance amount be invested in a fixed deposit.

7.

The application is disposed of in the aforesaid terms.

(ROHIT W. JOSHI, J.) Prity