United India Insurance Co. Ltd. v. Smt. Sushila Khashaba Bebale And ORS .

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 95 OF 2001 The United India Insurance Co. Ltd.

Head Office at Madras, through the Manager, Satara Branch, Satara Appellant

Versus

Sushila Khashaba Bebale Age 35, Occupation - Labourer 1A Ramchandra Khashaba Bebale Age 10, Occupation - Education 1B Manisha Khashaba Bebale Age 7, Occupation - Education 1C Usha Khashaba Bebale Age 5 yrs., Occupation - Education Hausabai Hari Bebale Age 60, Occupation - Nil All residents of Marul Tarf, Taluka Patan, District Satara, Respondent No.1 is the guardian mother of minors 1A to 1C (Appeal abated against Respondent No.2 and dismissed against Respondent Nos. 3 and 4 vide Court order dated 27.08.2010.

Kiran Lalasaheb Bhoite, Adult, Occupation Driver Resident of Aradgaon, Taluka Phaltan, District - Satara Shakuntala Ganpati Kale Adult, Occupation - Transport Business Resident of Haripur, Taluka Miraj, District Sangli Respondents .............

Mr. Rahul Mehta i/b. KMC Legal Venture, Advocate for the Appellant. None for the Respondents.

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CORAM

: SHIVKUMAR DIGE, J.

DATED : 13th JUNE, 2025.

ORAL JUDGMENT :

1.

The issue involved in this appeal is deceased was traveling as gratitude passenger in the offending vehicle. 2.

It is contention of learned counsel for the appellant/ Insurance company that deceased was traveling as gratitude passenger in the offending vehicle. The learned Tribunal has recorded the said findings and awarded the compensation, which is erroneous hence requested to allow the appeal.

3.

Though respondents-claimants are served, none present for respondents-claimants. The appeal is of year 2001 and date of accident is of year 1993 hence I am deciding this appeal on merit. 4.

I have heard learned counsel for the appellant. Perused Judgment and Order passed by Motor Accident Claims Tribunal, Satara (for short "the Tribunal"). While allowing the claim petition, the Tribunal has observed that the deceased was traveling in the offending vehicle with goods and he had paid fare to the driver. Relying on the Judgment of Hon'ble Apex Court in the case of New India Assurance Company Ltd. Vs. Satpal Singh and Others reported in AIR 200 SCC, 235, the Tribunal has allowed the claim petition. In my view, the Tribunal has awarded 2/3

Rs.96,400/- to the claimants as compensation amount due to death of the deceased. No future prospects, no consortium amount has been granted by the appellant. The accident is of year 1993. The amount of compensation is lower side. Considering these facts, without going into the merit, I pass following order:

ORDER

i.

The appeal is dismissed. No order as to cost. ii.

The Respondents/claimants are permitted to withdraw deposited amount along with accrued interest thereon. iii.

The statutory amount along with interest accrued thereon be transmitted to the Tribunal. The parties are at liberty to withdraw it as per Rule.

iv.

R & P be sent back to the Tribunal.

v.

Pending applications, if any, stand disposed off. ( SHIVKUMAR DIGE, J.) by SONALI SATISH KILAJE Date:

2025.06.17 11:17:34 +0700 SONALI SATISH KILAJE 3/3