RELIANCE GENERAL INSURANCE CO. LTD.versusNIRMALA BABASO GAVALI AND ORS.

                                                         907 IA 8695 OF 2026.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

         907 INTERIM APPLICATION (STAMP) NO. 8695 OF 2026
                                IN
                   FIRST APPEAL NO. 197 OF 2026
                              WITH

                   NIRMALA BABASO GAVALI AND ORS.
                                 VERSUS
                RELIANCE GENERAL INSURANCE CO. LTD.
                                    ...
 Advocate for Applicants/Original Claimants/Respondents in First Appeal :
Adv. Simran Sameena a/w Ketaki Sahastrabudhe i/by Mr. Rushikesh Thakur
Advocate for Appellant/Insurance Company : Mr. Akshay Kulkarni a/w Adv.
                    Avesh Ghadge, Adv. Aditya Ghadge
                                    …
               39 INTERIM APPLICATION NO. 223 OF 2026
                                    IN
                     FIRST APPEAL NO. 197 OF 2026
                                  WITH
                 INTERIM APPLICATION NO. 224 OF 2026
                                    IN
                     FIRST APPEAL NO. 197 OF 2026

               RELIANCE GENERAL INSURANCE CO. LTD.
                                VERSUS
                  NIRMALA BABASO GAVALI AND ORS.
                                   ...
Advocate for Appellant/Insurance Company : Mr. Akshay Kulkarni a/w Adv.
                    Avesh Ghadge, Adv. Aditya Ghadge
Advocate for Original Claimants/Respondents in First Appeal : Adv. Simran
     Sameena a/w Ketaki Sahastrabudhe i/by Mr. Rushikesh Thakur
                                   ...
                    CORAM               : SHAILESH P. BRAHME, J.

                     DATE                : 22.09.2026


PER COURT :

1.    Both the counsels appearing for the litigating sides have consented to
take up the matter for consideration of application for condonation of delay


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as well as first appeal on merits. The counsel for the respondents/original
claimants has placed on record compilation of relevant documents.

INTERIM APPLICATION NO. 223/2026 FOR DELAY CONDONATION :

2.    The applicant/Insurance Company is seeking condonation of delay of
139 days, for the reasons stated in the application. The contents of the
application have not been seriously disputed by the respondents. I find no
mala fides on the part of the applicant in preferring the appeal belatedly.

3.    The delay stands condoned. Interim application stands disposed of.

      FIRST APPEAL :

4.    Heard both sides.     I have gone through impugned judgment and
award and relevant documents placed on record.

5.    The appellant-Insurance Company is aggrieved by the judgment and
award passed on 13.06.2025 passed by Member of Motor Accident Claims
Tribunal at Islampur, awarding Rs. 25,66,954/- along with interest at the
rate of 9% per annum.

6.    The learned counsel for the appellant submits that the Insurance
Company cannot be held liable as there is breach of condition. The driver of
the offending vehicle was not having requisite driving licence. The notional
income of Rs. 14,000/- per month is unreasonable and on higher side. The
respondent is unable to produce cogent evidence to show monthly income.
It is further submitted that rate of interest is arbitrary and needs to be
reduced. It is further submitted that the quantum is arrived at arbitrarily
and without there being any foundation.

7.    Learned counsel Ms. Simran appearing for the contesting parties
would submit that the Insurance Company did not lead any oral evidence.
The Tribunal relied upon judgment of the Supreme Court in fixing notional

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income, rate of interest as well a amount of consortium. No evidence is
brought by the appellant to show that the quantum is arbitrary.

8.    The accident in question took place on 13.08.2023. Deceased Babaso
Appaso Gavali, was a pedestrian who was dashed by the offending vehicle,
which was insured with the appellant.        The respondents/claimants were
dependent upon him. At the relevant time, deceased was 42 years old. The
factum of death occurred due to accident and insurance coverage of the
offending vehicle have been duly established.

9.    The claimants have examined wife of the deceased and police papers
were placed on record. There is no much dispute that respondent nos. 1 to
6 are the dependents of the deceased. Considering his age at the time of
accident, multiplier of 14 would be applicable.

10.   The impugned judgment refers to the reasons for arriving at notional
income of Rs. 14,000/- per month. Reliance is placed on the judgment of
the Supreme Court in the matter of Sadiq Shaikh Rafiq Vs. Reliance General
Insurance Company Ltd and others; SC MANU/SC/0673/2025. I find that
approach of the Tribunal is reasonable and plausible for fixing the income at
Rs. 14,000/- per month.

11.   The offending vehicle was insured with the appellant. The appellant
failed to adduce any evidence. The appellant is rightly held liable by the
Tribunal. The findings are supported by law laid down by Apex Court.

12.   I have gone through the calculation. Amount of Rs. 48,000/- per
person was fixed towards loss of consortium and another expenses. The
interest has also been rightly determined by the Tribunal. I do not find that
there is any illegality or perversity in arriving at the quantum.

13.   I find that no case is made out by the Appellant-Insurance Company
to cause any interference.     The quantum arrived at by the Tribunal is


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reasonable and proper, founded on material placed by the parties.              I,
therefore, pass following order :

                                     ORDER

A)      First Appeal is dismissed.

B)      Impugned judgment and award is confirmed.

C)      The amount deposited with accrued interest shall be disbursed to the
respondents/claimants.

D)      Award be drawn accordingly.

E)      The statutory amount shall be refunded with proportionate interest to
the appellant.

F)      Pending Interim Applications are disposed of.



                                       ( SHAILESH P. BRAHME, J.)




mkd/-




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