Bombay High Court
The United India Insurance Company ... vs Mrs. Rashmi Rajaram Gawade And Ors. on 7 July, 2025
Author: Shivkumar Dige
Bench: Shivkumar Dige
2025:BHC-AS:28884
Shubhada S Kadam Sr.No.32 to 63 - Group matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 965 OF 2025
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Mrs. Namita Jayant Chogale )
Age about 36 yrs., Occu - Nil )
2 Miss. Siddhi Jayant Chogale )
Age about 13 yrs., Occu - Nil )
3 Master Sarthak Jayant Chogale )
Age about 10 yrs, Occu - Nil )
4 Shri Harishchandra Rama Chogale (Deleted) )
Age about 64 yrs., Occu. - Nil )
5 Mrs. Vatsala Harishchandra Chogale )
Age about 64 yrs., Occu-Nil )
)
Applicant Nos. 2 & 3 being minor through their )
Mother and next friend Mrs. Namita Jayant )
Chogale )
All residing at Post-Harnai )
Tal. Dapoli, Dist. Ratnagiri - 415 713 )
6 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL (STAMP) NO. 3608 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Smt. Sanvi Sachin Gimhavanekar )
Aged about 28 years, Occu - Nil )
2 Miss. Shrisha Sachin Gimhavanekar )
Aged about 3 years, Occu - Nil. )
Applicant No.2 being minor through her mother )
and next friend Smt. Sanvi Sachin Gimhavanekar, )
the applicant No.1 )
Digitally
signed by 3 Smt. Manisha Motiram Gimhavanekar )
SHUBHADA
SHUBHADA SHANKAR Aged about 55 years, Occu - Nil )
SHANKAR KADAM
KADAM Date:
2025.07.15
15:03:41 1/13
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)
Respondent Nos. 1 to 3 resides at - Post- )
Gimhavane, Gimhananekar Wadi, Tal-Dapoli, )
Dist - Ratnagiri - 415 713 )
6 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL STAMP NO. 3652 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Mrs. Meera Nilesh Tambe )
Aged about 30 years, Occu - Nil )
2 Master Neel Nilesh Tambe )
Aged about 1 year, Occu- Nil )
3 Mrs. Surekha Pandurang Tambe )
Aged about 65 years, Occu - Nil )
)
Applicant No.2 being minor through his Next friend)
and Mother the applicant No.1 )
All resides at - Post- Gorivale Wadi, )
Chandranagar, Tal - Dapoli, )
Dist - Ratnagiri - 415 712 )
4 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL STAMP NO. 3655 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Mrs. Arya Sandip Suvare )
Age about 45 yrs., Occu - Nil )
2 Miss. Sakshi Sandip Suvare )
Age about 17 yrs., Occu - Nil )
3 Miss. Ritu Sandip Suvare )
Age about 13 yrs, Occu - Nil )
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4 Mrs. Hemlata Vitthal Suvare )
Age about 73 yrs., Occu - Nil )
)
Applicant Nos. 2 and 3 being minors through their )
next friend, their mother Applicant No.1 )
His Mother Applicant No.1 )
All are residing at Post - 92/2, Sarthi Bazar Peth, )
Kombadi Galli, Dapoli, Tal. Dapoli, )
Dist. Ratnagiri- 415 712 )
5 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL STAMP NO. 3659 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Mrs. Pooja Kishor Chaugule )
Aged about 40 years, Occu - Nil )
2 Miss Shreya Kishor Chaugule )
Aged about 13 years, Occu - Nil )
3 Master Prasanna Kishor Chaugule )
Aged about 6 years, Occu - Nil )
4 Mr. Pandurang Nagu Chaugule )
Aged about 70 years, Occu - Nil )
5 Mrs. Ratnakala Pandurang Chaugule )
Aged about 68 years, Occu - Nil )
)
Applicant Nos. 2 & 3 being minors )
through their Next Friend and their Mother )
the Applicant No.1 )
All are residing at - Harnai, Kalkhamb Peth, )
Dapoli, Tal - Dapoli, Dist - Ratnagiri-415 713 )
6 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL STAMP NO. 3739 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
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versus
1 Mrs. Nidhi Ratnakar Pagade )
Age about 32 yrs., Occu - Nil )
2 Miss. Riya Ratnakar Pagade )
Age about 9 yrs., Occu - Nil )
3 Master Neer Ratnakar Pagade )
Age about 63 yrs., Occu - Nil )
4 Mrs. Jayashri Madhukar Pagade )
Applicant No. 2 and 3 being minor through their )
Mother and next friend Mrs. Nidhi Ratnakar )
Pagade )
All are residing at : Post - Chandra Nagar )
Gorivale Wadi, Tal. Dapoli, )
Dist. Ratnagiri - 415 712. )
5 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL STAMP NO. 3745 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Mr. Ramesh Laxman Sawant )
Age about 58 yrs., Occu - Nil )
2 Mrs. Ranjana Ramesh Sawant )
Age about 50 yrs., Occu - Nil )
3 Mr. Aniket Ramesh Sawant )
Age about 20 yrs., Occu - Nil )
)
All residing at : Plot No. 106, Vaibhav CHS Ltd. )
Gorai No.1, Borivli (West), Mumbai - 400 092 )
4 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL STAMP NO. 4508 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
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1 Smt. Shalaka Suyash Bal )
Age about 45 yrs., Occu-Nil )
2 Mr. Ameya Suyash Bal )
Aged about 25 yrs., Occu - Nil )
3 Mr. Akshay Suyash Bal )
Aged about 23 yrs., Occu - Nil )
4 Mr. Vinayak Raghunath Bal )
Age about 82 yrs., Occu - Nil )
)
All are residing at : Post- Ladghar )
Tal. Dapoli, Dist - Ratnagiri - 415 712 )
5 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL NO. 966 OF 2025
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Mrs. Shraddha Pramod Shigwan )
Age about 33 yrs., Occu-Nil )
2 Mr. Niranjan Pramod Shigwan )
Age about 9 yrs., Occu-Nil )
3 Mr. Mohan Raghunath Shigwan )
Age about 56 yrs., Occu-Nil )
4 Mrs. Shital Mohan Shigwan )
Age about 53 yrs., Occu-Nil )
)
Applicant No.2, being minor through his mother )
and next friend Mrs. Shraddha Pramod Shigwan )
)
All are residing at : Post- Wadachakond )
Tal. Dapoli, Dist - Ratnagiri - 415 712. )
5 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL NO. 1289 OF 2025
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
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versus
1 Mrs. Rani Rajendra Bandabe )
Age about 40 yrs, Occu - Nil )
2 Master Ruturaj Rajendra Bandabe )
Age about 17 yrs, Occu - Nil )
3 Miss Gargi Rajendra Bandabe )
Age about 9 yrs, Occu - Nil )
4 Mrs. Jayashri Vitthal Bandabe )
Age about 71 yrs, Occu - Nil )
)
Applicant Nos. 2 & 3 being minors through their )
Mother & Next Friend Mrs. Rani Rajendra )
Bandabe )
5 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL STAMP NO. 3623 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Mrs. Rashmi Rajaram Gawade )
Age about 34 yrs., Occu-Nil )
2 Master Avnish Rajaram Gawade )
Age about 5 yrs., Occu - Nil )
)
Applicant No.2 being minor through his mother )
and next friend Mrs. Rashmi Rajaram Gawde, the )
Applicant No.1 )
All are residing at : Post - Umberle )
Primary Health Centre, Tal. Dapoli )
Dist. Ratnagiri - 415 712. )
3 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
WITH
FIRST APPEAL STAMP NO. 3626 OF 2023
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
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versus
1 Mr. Jaya Nagu Tabib )
Age about 59 yrs., Occu - Nil )
2 Mrs. Vimal Jaya Tabib )
Age about 57 yrs., Occu - Nil )
)
All are residing at Post - Harnai )
Tal. Dapoli, Dist. Ratnagiri - 415 713. )
3 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )
4 Mrs. Reena Roshan Tabib )
Age about 21 yrs., Occu. Nil )
Residing at Post - Harnai, Malkambpeth )
Tal. Dapoli, Dist. Ratnagiri - 415 713 ) Respondents
WITH
FIRST APPEAL NO. 1311 OF 2025
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
versus
1 Mr. Ramchandra Dhondu Kadam )
Age about 69 yrs., Occu - Nil )
2 Mrs. Rajshri Ramchandra Kadam )
Age about 59 yrs., Occu - Nil )
)
All are residing at Post -Jalgaon, Pangarewadi, )
Tal. Dapoli, Dist. Ratnagiri - 415 712 )
3 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )
4 Mrs. Priyanka Pankaj Kadam )
Age about 26 yrs., Occu. Service )
)
All are residing at : Post - Udaynagar )
Tal. Dapoli, Dist. Ratnagiri - 415 712 ) Respondents
WITH
FIRST APPEAL NO. 1314 OF 2025
The United India Insurance Company Limited )
Deepak Hotel Building, Opp. New S.T.Stand, )
Chiplun, Tal. Chiplun, District : Ratnagiri )... Appellant
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versus
1 Mrs. Sayali Sunil Sathale )
Age about 42 yrs., Occu - Nil )
2 Miss. Jaitali Sunil Sathale )
Aged about 17 yrs., Occu - Nil )
3 Miss. Gayatri Sunil Sathale )
Age about 10 yrs., Occu - Nil )
)
Applicant No. 2 and 3 being minors through their )
mother and next friend Mrs. Sayali Sunil Sathale )
)
All are residing at : Post - Jalgaon )
Shriram Nagar, Tal. Dapoli, )
Dist. Ratnagiri - 415 712 )
4 The Registrar )
Dr. Balasaheb Sawant Konkan Krishi Vidyapeeth )
At Post & Tal. Dapoli, Dist. Ratnagiri - 415 712 )... Respondents
Mr. Rahul Mehta i/b. KMC Legal Venture, Advocate for the Appellant in all
appeals.
Mr. B. M. More a/w. Mr. Mandar More, Advocates for
Respondents/Claimants.
Mr. C.S.Dalvi, Advocate for Respondent -Dr. Balasaheb Sawant Konkan
Krishi Vidyapeeth.
CORAM : SHIVKUMAR DIGE, J.
DATE : 7th JULY, 2025.
Judgment :
1. First Appeal Nos.1311 and 1314 of 2025, 3626 of 2023 and
First Appeal Stamp No.3623 of 2023 are not on board, however, they are
heard finally along with connected appeals which are on board today.
2. All these 15 appeals are preferred against the judgments and
orders passed by the Motor Accident Claims Tribunal, Khed, District
Ratnagiri (for short "the Tribunal").
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3. All learned counsel submitted that all these appeals be decided
at the admission stage as issues involved in all these appeals are
common.
4. Considering the submissions of all learned counsel, I am
deciding these appeals at admission stage by this common judgment.
5. It is contention of learned counsel for the appellant-Insurance
Company that common ground raised in all these appeals is, FIR was
lodged after five months of the accident. There is delay in filing the FIR
but this fact is not considered by the Tribunal. Learned counsel further
submitted that the offending bus was not having valid permit at the time of
accident, there was breach of terms and conditions of the insurance policy
but the Tribunal has not considered this fact. Learned counsel further
submitted that in First Appeal No.962 of 2025, the deceased was not a
third party as the deceased was employed by the owner of the offending
bus. He further submitted that the receipt of premium under IMT 37 was a
condition precedent to honour the claim but in absence of such receipt of
premium, liability cannot be fixed on the appellant-Insurance Company.
Learned counsel further submitted that in some appeals, the claimants
have got job in the place of deceased on compassionate ground, hence,
their salary amount must be deducted in proportion to the income of
the deceased. Learned counsel further submitted that the claimants
in all appeals have received sum of Rs.10,00,000/- under an insurance
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scheme, this amount is required to be deducted from the compensation
amount. Hence, requested to allow all appeals.
6. It is contention of learned counsel for respondents/claimants
that due to accident, all the occupants in the bus died on the spot except
one passenger who was sitting beside the driver. After the accident, due
to serious injuries, the said passenger was admitted in hospital and after
discharge from the hospital, he filed FIR against the driver of the offending
bus. Learned counsel further submitted that though the appellant-
Insurance Company have raised various grounds in the appeals but no
evidence is produced on record in support of the defenses taken by the
Insurance Company. Learned counsel further submitted that the claimants
have received compensation under insurance scheme but it was not for
accidental injuries and it was from their personal insurance policy. Hence,
the amount received in those personal insurance polices cannot be
deducted from compensation which they are liable to receive under the
accident claim. Learned counsel further submitted that the Tribunal has
passed well reasoned order, no interference is required in it and
requested to dismiss the appeals.
7. I have heard both learned counsel, perused the judgments and
orders passed by the Tribunal.
8. It is contention of learned counsel for appellant-Insurance
Company that there is delay of five months in lodging the FIR. It appears
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from the record that the appellant-Insurance Company has not disputed
about the accident. At the time of the accident, the offending bus was
insured with the appellant-Insurance Company.
9. It is claimants' case that on 28th July 2018, the first informant
along with deceased was going to Mahableshwar by bus bearing
registration No.MH-08-E-9087. Other employees of the respondent -
Krishi Vidyapeeth were also occupants of the said bus. The bus was
proceeding by Ambenali Valley, at that time, the driver of the bus lost
control over the bus and the bus went into the deep valley. All the
occupants of the bus died in the said accident on the spot except one
passenger-Prakash Sawantdesai, who was sitting beside the driver and
after the accident, due to serious injuries, he was admitted in hospital and
after discharge from the hospital, he filed FIR against the driver of the
offending bus. Hence, I do not find merit in the contention of learned
counsel for the appellant-Insurance Company about the delay in filing the
FIR as there was no intentional delay in filing the FIR.
10. Learned counsel for the appellant-Insurance Company has
raised a ground of not having valid permit of the bus, and that the receipt
of the premium under IMT 37 was the condition precedent but no
evidence is produced on record to prove these defenses. Hence, I do not
find merit in it. It is settled principle of law that if any plea is taken by any
party, it has to be proved by cogent evidence. The appellant had not
produced any evidence before the Tribunal that at the time of the
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accident, the bus was not having valid permit and the premium under IMT
37 was condition precedent.
10. It is contention of learned counsel for the appellant-Insurance
Company that some of claimants have received compensation under
insurance scheme. In my view, the claimants have received
compensation under personal insurance policies of the deceased. The
compensation received under personal insurance policies cannot be
deducted from the accident claim compensation. Though the deceased
were employees of respondent-Krishi Vidyapeeth but at the time of the
accident, the bus was insured with the appellant-Insurance Company and
the insurance of the occupants of the bus was covered under the
insurance policy. Hence, the appellant-Insurance Company is liable to
pay compensation.
11. It is contention of learned counsel for appellant-Insurance
Company that some of the claimants have received employment on
compassionate ground, hence, the salary received on compassionate
service be deducted from the compensation received by the claimants. In
my view, getting employment on compassionate ground cannot be a
ground to deduct their salary from the compensation which they are
entitled under accident claim as they are doing service, hence, they are
getting salary. The Tribunal has passed well reasoned order, no
interference is required in it.
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12. In view of above, I pass the following order :
ORDER
1. All the first appeals are dismissed. No order as to cost.
2. The claimants in all the appeals are permitted to withdraw the deposited amount along with accrued interest thereon.
3. The statutory amount in all the appeals be transmitted to the Tribunal along with accrued interest thereon. The parties are at liberty to withdraw it as per Rule.
4. Record and proceedings be sent to the Tribunal.
5. Learned counsel for the respondents/claimants tendered chart of apportionment of compensation amount in each appeal. He is directed to produce the chart along with application before the concerned Tribunal. The learned Tribunal shall decide the said application on its own merit.
8. Pending applications, if any, stand disposed of.
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