Shri. Sanjay Laxman Kakade And ORS. v. Shri. Ajinath Shankar Tele And ANR.

40-FA-279-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.279 OF 2025 Sanjay Laxman Kakade and others ... Appellants

Versus

Ajinath Shankar Tele and others ... Respondents *** Mr. Santosh Bhosale (through V.C.) a/w Mr. Amol S. Deshinge, for the Appellants.

Mr. Ruturaj Kadam i/b Mr. Shankar Katkar, for Respondent No.1. by SHAILAJA SHRIKANT HALKUDE Date:

2026.03.17 11:02:23 +0530 SHAILAJA SHRIKANT HALKUDE Mr. Avesh A. Ghadage, h/f Ms. Shalini Shankar, for Respondent No.2. ***

CORAM

: M. M. SATHAYE, J.

DATE : 16th March, 2026.

P. C. :

1.

Dispute in the present Appeal lies in a narrow compass. 2.

Learned counsel for the Appellants-Claimants submits that in the present case while applying multiplier of 5, the Tribunal has considered age of dependents and according to settled law, age of the deceased should have been considered and multiplier of 18 ought to have been applied. Learned counsel for Respondent No.2 - Insurance Company fairly accepts that multiplier of 18 would be applicable.

Shailaja

40-FA-279-2025.doc 3.

However, contentious issue appears to be about applicable reduction towards personal expenses. According to Appellants, it should be 1/3rd considering the family size and according to Insurance Company, it should be 1/2 (half) because the deceased was not earning and there is no question of contributing to family, large or small.

4.

Learned counsel for both the sides seek short accommodation to rely upon judgments in support of above rival contentions. 5.

Stand over to 27.03.2026 for disposal after urgent/circulated matters. [ M. M. SATHAYE, J. ] Shailaja