United India Insurance Comapny Limited v. Parshuram Shankar Pawar And ORS.

5-IA-11223-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date:

2026.03.07 10:30:32 +0530 HUSENBASHA RAHAMAN NADAF FIRST APPEAL NO. 1595 OF 2025 United India Insurance Comapny Limited ...Appellant

Versus

Parshuram Shankar Pawar And Ors.

...Respondents

WITH INTERIM APPLICATION NO. 11223 OF 2025 Parshuram Shankar Pawar And Ors.

...Applicants *** Mr. Sourabh M. Patil i/b. Ms. Vaishali K. Murchite @ Patil for Appellant Insu. Co.

Mr. Shreyash Sudhir Butala (throuh V.C.) for Respondnets/ Claimants-Applicants *** CORAM : M.M. SATHAYE, J.

DATE : 6th MARCH, 2026 P.C. :

1.

Appeal is filed by Insurance company challenging Judgment and Award passed by the Motor Accident Claims Tribunal, Khed, Dist. Ratnagiri granting compensation. According to the Insurance Company, 1/3rd deduction granted is not correct because the deceased was unmarried person of 17 years age. It is submitted that future prospects of 50% could not have been applied in the facts of this case, however it is fairly accepted that future prospects of 40% can be applied.

2.

Learned counsel for the Respondents/Claimants seeks short Husen

5-IA-11223-2025.doc accommodation to consider this submission so that the appeal itself can be worked out on merits. He submitted that the copy of the appeal compilation be served.

3.

Appellant Insurance Company to serve copy of the appeal compilation as well as pending application, if any, upon Advocate for Respondent Nos.1 & 2-Claimants within a period of one week from today. Service can be effected through email by sending PDF copy. 4.

Stand over to 25.03.2026, to be listed for 'disposal' after urgent/circulated matters.

(M.M. SATHAYE, J.) Husen