2025:BHC-NAG:8151 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.264 OF 2017 General Manager, Western Coalfields Limited, Civil Lines, Nagpur (Original respondent No.3) … Appellants -vs-

1. Sau. Anita wd/o Umrao Dupare Aged about : 46 years, Occupation : Household (Original Petitioner No.1)

2. Pritesh s/o Umrao Dupare Aged about : 26 years, Occupation : Education (Original Petitioner No.2)

3. Pallavi d/o Umrao Dupare, Aged about : 23 years, Occupation : Student (Original Petitioner No.3)

Respondent Nos.1 to 3 are R/o Ganesh Nagar Kanhan, Tq. Parsioni, Distt. Nagpur.

4. Parag Tours and Travels, Prop. Pramod Dongre Aged about : Major, Owner of Vehicle R/o Plot No.897, Near Bajirao Sahare’s House, Lashkaribagh, Nagpur

5. Divisional Manager, United India Insurance, DO-1, 5th Floor, “Lotus Building” Plot No.5, Gorepeth Layout, West High Court Road, Dharmpeth, Nagpur-440010 … Respondents WITH FIRST APPEAL NO.265 OF 2017 General Manager, Western Coalfields Limited, Civil Lines, Nagpur … Appellants (Original Resp.No.3)

-vs-

1. Sau. Chhaya wd/o Arun Khobragade Aged about : 46 years, Occupation : Household (Ori. P-1)

2. Kum. Swati d/o Arun Khobragade, Aged about : 26 years, Occupation : Housewife (Ori. P-2)

3. Abhijit s/o Arun Khobragade, Aged about : 23 years, Occupation : Service (Ori. P-3)

4. Ankur s/o Arun Khobragade, Aged about 21 years.

Occupation : Student (Ori. P-4)

All 4 are r/o Sugat Nagar, Po. Uppalwadi Dist. Nagpur 5. Parag Tours and Travels, Prop. Pramod Dongre Aged about : Major, Owner of Vehicle R/o Plot No.181, Near Bajirao Sahare’s House, Lashkaribagh, Nagpur (Ori. R-1)

6. Divisional Manager, United India Insurance Company Ltd.

Mount Road Extension, Sadar Nagpur (Ori. R-2) … Respondents Smt. Gauri Venkatraman, Advocate with Shri Yash Venkatraman for appellant in FA/

264/2017.

Smt U. A. Patil, Advocate, with Shri Abhinil Kuradkar, Advocate for appellant in FA/

265/2027.

Shri S. W. Sambre, Advocate with Shri P. D. Naukarkar, Advocate for respondent Nos. 1 to 3 in FA/264/2017 and for respondent Nos. 1 to 4 in FA/265/2017.

Ms Anita Mategaonkar, Advocate for the respondent-Insurance Company.

CORAM : ABHAY J. MANTRI, J.

DATED : 12 -08-2025 .

Common Judgment :

Since the facts of both these appeals are identical and similar, which arise out of the same motor vehicle accident, i.e. both deceased persons were sitting in the same Tata Sumo vehicle, they are being heard and disposed of together by this common judgment.

2. Both appeals arise from judgments dated 29.06.2012, passed by the learned Member, Motor Accident Claim Tribunal-3, Nagpur, (hereinafter referred to as “the Tribunal”) in Claim Petitions Nos. 671 and 672 of 2012, respectively, whereby both petitions were allowed, being aggrieved by the same original respondent No.3 WCL, have preferred these appeals.

For the sake of convenience, I would like to refer to the facts of First Appeal No.264/2017 and the parties are referred to as per their status in the claim petitions.

3. The facts of the cases in a nutshell are as under :

On 20/12/2011 at about 11.30 am, deceased Umrao Ganpatrao Dupare and Arun Namdeo Khobragade, along with other team members, were coming from W.C.L. coal mines to Gondegaon by Tata Sumo bearing No.MH-31/CA-3124 (for short,-‘Tata Sumo’). When they came near Gondegaon W.C.L. mines, one Dumper bearing No. M.E.M.L-B.H. 50-MI.3424 (hereinafter referred to as “the Dumper”) came from the opposite direction and collided with each other. Due to the said accident deceased and others sustained grievous injuries. The deceased, Umrao and Arun, succumbed to the injuries. Accordingly, the offence was registered against the drivers of the ‘Dumper’ as well as the ‘Tata Sumo’ vide Crime No. No.145/2011 at Kanhan Police Station for the offences punishable under Sections 279, 337 and 304-A of the Indian Penal Code. The deceased, Umrao, was 53 years old, and the deceased Arun was 52 years old. They both were in service with the appellant. Both were permanent employee