Yamunabai Bhagwat Pawar And ORS. v. Sbi General Insurance Co. Ltd. Through The General Manager And ANR.
S.S.Kilaje 47-IA-9603-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9603 OF 2024 (withdrawal) IN FIRST APPEAL NO. 1095 OF 2023 Yamunabai Bhagwat Pawar and Ors.
... Applicants
IN THE MATTER OF :
General Manager, SBI General Insurance Co. Ltd. ... Appellant
Versus
Yamunabai Bhagwat Pawar and Ors.
... Respondents WITH INTERIM APPLICATION NO. 17053 OF 2023 (stay) IN FIRST APPEAL NO. 1095 OF 2023 General Manager, SBI General Insurance Co. Ltd. ... Applicant
IN THE MATTER OF :
General Manager, SBI General Insurance Co. Ltd. ... Appellant
Versus
Yamunabai Bhagwat Pawar and Ors.
... Respondents Mr. P. K. Bohade, Advocate for the Applicants in IA/9603/2024 & for Respondent Nos. 1 to 4 in FA/1095/2023.
Mr. T.R. Kale i/b. Ms. Shalini Shankar, Advocate for Respondents and for Appellants in FA/1095/2023
CORAM
: ARUN R. PEDNEKER, J.
DATED : 1st JULY, 2024.
P.C. :
1.
In the instant case, the appeal is filed by the appellant on the ground that the compensation is granted towards the death claim is excessive and the driver of the insured truck was not holding legal and valid licence and 1/2
S.S.Kilaje 47-IA-9603-24.doc vehicle did not have fitness certificate.
2.
On perusal of the Judgment of the Tribunal shows that the deceased was serving as a driver with Maharashtra State Regional Transport Corporation and earning salary of Rs.15,000/- per month and at the time of accident deceased was 33 years old. The income is considered @Rs.12,533/- p.m. and multiplier of 15 is applicable and also deduction of 1/4th are made. I do not see that the compensation granted is excessive Further, even if it is held that the driver of insured vehicle was not holding valid driving licence, the same would be covered within the principle of pay and recover.
3.
In view of the above, I permit the applicants to withdraw 60% of the amount to the extent of allocated to their share by the Tribunal in the proportion mentioned in the Tribunal.
4.
Interim Application No. 9603 of 2024 is disposed of. 5.
The stay of the impugned order granted earlier stands confirmed till the final disposal of the appeal. Interim application No. 17053 of 2023 is disposed of.
6.
The First Appeal is admitted.
7.
Call R & P.
( ARUN R. PEDNEKER, J.) by SONALI SATISH KILAJE Date:
2024.07.04 12:18:37 +0700 SONALI SATISH KILAJE 2/2