2026:BHC-AS:1100 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1338 OF 2017 The New India Assurance Co. Ltd. ...Appellant Versus Muluhura Devtadin Rajbhar And Anr. ...Respondents -----

Mr. S. M. Dange, for the Appellant.

Mr. T. J. Mendon, for Respondent No.1.

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CORAM : ARIF S.DOCTOR, J.

DATE : 5th JANUARY, 2026 P.C:

1. The present First Appeal is filed under Section 30 of the Employee’s Compensation Act, 1923 (“EC Act”), impugning the judgment and order dated 30th March 2012 passed by the Commissioner for Workmen’s Compensation and Judge, Seventh Labour Court, Mumbai, in Application (WCA) No. 593/B-

91/2009.

2. The Appellant is a government-owned company engaged in the business of general insurance, including coverage of third-party accident risks under the Motor Vehicles Act, 1988.

Brief Facts:

3. On 17th December 2008, Respondent No.2, the owner of the tanker bearing Registration No. MH-43U-1879 (“the said vehicle”), insured the said vehicle with the Appellant for a period of one year.

4. On 22nd February 2009, while the said vehicle was being driven along the Pune–Solapur Highway near Yavat Police Station, it was involved in a collision with an