Priya Soparkar IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO.32284 OF 2022 WITH INTERIM APPLICATION NO.739 OF 2023 IN FIRST APPEAL (ST.) NO.32284 OF 2022 The New India Assurance Co. Ltd. …Appellant Versus Prakash Pandurang Gaikwad (Since deceased) …Respondents through legal heirs Ms. Jyoti P. Gaikwad and ors.

Mr. S. S. Dwivedi, for the Appellant.

Mr. Sarthak Diwan, for the Respondent No.6.

CORAM: R. M. JOSHI, J.

DATED: 12^th JANUARY, 2026.

PC:-

1. This Appeal filed by the Insurer of one of the motor-vehicle involved in the accident in question takes exception to the judgment and award dated 5^th August, 2022 passed in M.A.C.P No. 558 of 2009, essentially on the ground that the Tribunal has erred in holding composite negligence of the drivers of both vehicles in occurrence of the accident and has failed to apportion the liability of payment of compensation.

Digitally signed by PRIYA PRIYA RAJESH RAJESH SOPARKAR SOPARKARDate:

2026.01.17 +0530

2. Learned counsel for the Insurer submits that admittedly in this case two vehicles are involved in occurrence of the accident i.e. the car bearing registration No.MH-14 AH-3160 owned by original Opponent No.