Reliance General Insurance Co.Ltd. v. Mr. Kishor Ashok Pandilwar

4. FA 169-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 169 OF 2024 ANAND SUDHAKAR SUDAME Reliance General Insurance Co. Ltd.

..Appellant

Versus

by ANAND SUDHAKAR SUDAME Date: 2025.09.22 12:17:53 +0530 Kishor Ashok Pandilwar & anr.

..Respondents Mr. Akshay Kulkarni, Advocate, for the Appellant Mr. Jitendra Gor a/w. Ms. Yashika Jain, Advocates, for the Respondents ______________________________________________________

CORAM

: S. M. MODAK, J.

DATE : 18.09.2025 P. C.

1.

Heard Mr. Kulkarni, learned Counsel for the Appellant and Mr. Gor, learned Counsel for the Respondents. 2.

Two vehicles were involved in the accident. In one car, the Claimant along with his deceased wife were traveling which was driven by a driver whereas in another car, which was driven by another driver and he is made an Accused in the FIR. This Appeal was filed by the husband of the deceased against the owner and an Insurance Company of the car in which he along with the deceased were traveling.

Anand

4. FA 169-2024.doc 3.

Admittedly, the owner and Insurance Company of the car whose driver is made an Accused were not made party before the Tribunal. The Claimant contends that his wife was a passenger and it is the case of composite negligence. He relied on the observations made in the case of Khenyei v. New India Assurance Co. Ltd., reported in 2015 ACJ 1441.

4.

Mr. Kulkarni, learned Counsel for the Insurance Company attempted to examine driver of the offending vehicle and there is lacuna in the Petition so to say for non-joinder of the owner and insurance company of the offending vehicle.

5.

Stand over to 24.09.2025 under the caption "Part-heard". (S. M. MODAK, J.) Anand