IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3082 of 2014 With R/FIRST APPEAL NO. 3083 of 2014 With R/FIRST APPEAL NO. 3084 of 2014 With R/FIRST APPEAL NO. 3085 of 2014 With R/FIRST APPEAL NO. 3086 of 2014 With R/FIRST APPEAL NO. 3088 of 2014 With R/FIRST APPEAL NO. 3089 of 2014 With R/FIRST APPEAL NO. 3090 of 2014 With R/FIRST APPEAL NO. 3092 of 2014 With R/FIRST APPEAL NO. 3093 of 2014 With R/FIRST APPEAL NO. 3094 of 2014 With R/FIRST APPEAL NO. 3095 of 2014 With R/FIRST APPEAL NO. 3096 of 2014 With R/FIRST APPEAL NO. 3098 of 2014 With R/FIRST APPEAL NO. 3409 of 2014 With R/FIRST APPEAL NO. 3410 of 2014 With R/FIRST APPEAL NO. 3411 of 2014 With R/FIRST APPEAL NO. 3412 of 2014 With R/FIRST APPEAL NO. 3413 of 2014 With R/FIRST APPEAL NO. 3414 of 2014 With R/FIRST APPEAL NO. 3415 of 2014 With R/FIRST APPEAL NO. 3416 of 2014 With R/FIRST APPEAL NO. 3417 of 2014 With R/FIRST APPEAL NO. 3418 of 2014 With R/FIRST APPEAL NO. 3419 of 2014 With R/FIRST APPEAL NO. 3420 of 2014 With R/FIRST APPEAL NO. 3421 of 2014 With R/FIRST APPEAL NO. 3422 of 2014 With R/FIRST APPEAL NO. 3423 of 2014 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA ==========================================================

Approved for Reporting Yes No ==========================================================

NEW INDIA ASSURANCE CO LTD Versus KUNESHWARSINH @ ISHWAR S-O TEJSINH & ORS.

==========================================================

Appearance:

MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1 MR MTM HAKIM(1190) for the Defendant(s) No. 3.1,3.2,3.3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 29/07/2025

ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

1. On 20/21.06.2005, an unfortunate accident occurred, when a group of employees of the BSNL along with their family members were traveling in a Bus belonging to Bharat Tourist Pvt. Ltd. (R2), which was insured by New India Assurance Co.

Ltd.

2. The bus, in fact, fell down a ravine and as a result 19 passengers traveling in the bus were killed and many more were injured.

3. As a consequence, 29 claim petitions were filed, 19 of which related to claim to death of the passengers and the remaining

10 were claims for the injuries suffered by the passengers.

4. The insurer has filed appeals in respect of 14 claim petitions which were filed by the legal representatives of the deceased seeking for compensation for the death of their loved one challenging the quantum of compensation awarded. The claimants, on the other hand, have preferred only 9 appeals seeking for enhancement.

5. The details of the claims in respect of the deceased are stated in a tabular column. In this tabular column, the name and age of the deceased, the amount of the monthly income determined by the Tribunal, and the compensation awarded ultimately is also shown for the sake of convenience and clarity.