Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO 1 FA-154-2022.doc PRAVINRAO Date:

2025.05.10

21:20:14 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 154 OF 2022 WITH INTERIM APPLICATION NO. 957 OF 2022 IN FIRST APPEAL NO. 154 OF 2022 Cholamandalam MS General Insurance Co. Ltd.

through its Manager ….Appellant (Ori. Opponent No.2)

Vs.

Ms. Charu Ashok Khandal (deleted)

1. Ashok Radheshyam Sharma Khandal

2. Mrs Pawan Ashok Khandal

3. Rutu Ashok Khandal

4. Mr Manoj Kumar N Gautam ….Respondents -----------------

Mr. Rajesh Kanojia a/w Deepika Prabhala for the Appellant/Applicant.

-----------------

CORAM : G. S. KULKARNI &

ADVAIT M. SETHNA, JJ.

RESERVED ON : 27 FEBRUARY 2025 PRONOUNCED ON : 09 MAY 2025 JUDGMENT (PER ADVAIT M. SETHNA, J.):

1. As observed by us in our earlier order dated 27 February 2025 the first appeal Admitted on 6 February 2025, is taken up for final hearing and disposal.

2. The case before us is rather heart-wrenching and a tragic saga of a young aspiring professional girl working as a character animator with a reputed media production house aged 28 years. At prime of her youth, she met with a fatal accident on 25 March 2012 in Mumbai and thereafter succumbed to serious cervical spinal cord injuries. She courageously faced the ordeal for about five years, and on 17 January 2017 she passed away. It is after such accident that the deceased original claimant filed the claim for compensation before the Motor Accident Claim Tribunal (“MACT”) on 10 June 2014 under Section 166 of the Motor Vehicles Act, 1988 (“MV Act”).

3. The appellant i.e. Cholamandalam General Insurance Company Ltd. has assailed the impugned judgment of MACT, Mumbai in MAC application No.875 of 2014, dated 27 November 2020 (“Impugned Judgment”). Such challenge is mainly on the ground that the MACT grossly erred in awarding the compensation of Rs.62 Lakhs to the victim being contrary to the facts on record and the provisions of law as would be applicable.

4. We have heard Mr. Rajesh Kanojia, learned counsel for the appellant. None appears for the respondents, though served. With the assistance of the learned counsel before us we have perused the record.

5. Mr. Kanojia would at the very outset take us through the impugned judgment of the MACT dated 27 November 2020, the operative part of which reads thus:-

“1. Application is allowed in part with proportionate costs.

2.Opposite Party and Insurer do pay jointly or severally a sum of Rs 62,20,000/- (Rs Sixty Two Lakh Twenty Thousand Only) inclusive of NFL, to the applicant Nos. 1 & 2 along with interest @ 7.5% p.a. from the date of application till realisation.

On deposit of amount:

Rs 15,00,000/- each be invested in the name applicant Nos.1 and 2 in Fixed Deposit with any Nationalised Bank for the period of 4 years.

Remaining amount with accrued interest be paid equally to the applicant Nos. 1 and 2.

3.Opposite party and/or insurer are directed to make payment by A/c payee cheques duly crossed and drawn in the name of applicant Nos. 1 and 2 by depositing the same in the Tribunal.

4. Investment cheques issued by Opposite party owner or the insurer, as the case may be, shall be in the name of Account Officer, MACT, Mumbai. Separate cheques for investment & disbursement be tendered by Opposite party owner or insurer.

5. On receiving the cheques, Account Officer shall handover said cheques to the applicant Nos. 1 and 2 by obtaining acknowledgment thereof on payment of deficit court fees, if any.

6. Award be drawn accordingly.”

6. Our attention is then invited to the issues framed in the impugned judgment which reads thus:-

“1. Do the applicants prove that on 25/03/2012, at about 00-33 hrs., at the junction of Oshiwara Link Road and Lokhandwala to Hirapanna Mall Road, Charu (deceased) sustained injuries and succumbed to her injuries on 17/01/2017, in an accident which occurred due to rash and negligent driving of Motor Car No. MH-02-JP-2959?

2. Does the insurer prove that claim is bad