First Appeal No.65/2004 with

connected Appeals

:: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO.65 OF 2004 WITH

CIVIL APPLICATION NO.11966 OF 2005

National Insurance Company Ltd.,

having its registered office at No.

Middleton Street, Kolkatta and

a Divisional Office at Hazari Chambers

Station Road, Aurangabad, through its

Divisional Manager at Aurangabad

… APPELLANT

VERSUS

1.

Vijaymala w/o Pundlikrao Nilkanthe,

Age 40 years, Occu. Household,

R/o Sodegaon, Tq. Kalamnuri,

District Hingoli

2.

Ku. Rekha w/o Pundlikrao Nilkhanthe,

Age 18 years, Occu. Nil

R/o as above.

3.

Gajanan s/o Pundlikrao Nilkhanthe,

Age 10 years, Occu. Education,

(Minor u/g of respondent No.1

mother), R/o as above.

4.

Ku. Seema d/o Pundlikrao Nilkhanthe,

Age 14 years, Occu. Education

(Minor u/g of respondent No.1

mother), R/o as above.

5.

Harnabai w/o Tukaram Nilkhanthe,

Age 70 years, Occu. Nil,

R/o as above.

6.

Vaijnath s/o Gyandeorao Ghute,

Age 30 years, occu. Agri.,

R/o Salegaon, Tq. Kalamnuri

… RESPONDENTS

First Appeal No.65/2004 with

connected Appeals

:: 2 ::

.......

Shri P.P. Bafna, Advocate for appellant

Shri Sachin S. Deshmukh, Advocate for respondents No.1 to 5

....…

WITH

FIRST APPEAL NO.1246 OF 2004

National Insurance Company Ltd.,

having its registered office at No.

Middleton Street, Kolkatta and

a Divisional Office at Hazari Chambers

Station Road, Aurangabad, through its

Divisional Manager at Aurangabad

… APPELLANT

VERSUS

1.

Trishala w/o Sheshrao Mahajan Yermal

Age 40 years, Occu. Household,

R/o Nandapur, Tq. Kalamnuri,

District Parbhani

2.

Shikharchand s/o Sheshrao Mahajan Yermal,

Age 28 years, Occu. Agri.

3.

Verchand s/o Sheshrao Mahajan Yermal,

Age 24 years, Occu. Agri.

4.

Ulhas s/o Sheshrao Mahajan Yermal,

age 20 years, Occu. Agri.

5.

Roshan s/o Sheshrao Mahajan Yermal,

Age 18 years, Occu. Agri.,

All R/o Nandapur, Tq. Kalamnuri,

District Hingoli

6.

Vaijnath s/o Gyandeorao Ghute,

Age 30 years, occu. Agri.,

R/o Salegaon, Tq. Kalamnuri

… RESPONDENTS

.......

Shri P.P. Bafna, Advocate for appellant

First Appeal No.65/2004 with

connected Appeals

:: 3 ::

Shri Sachin S. Deshmukh, Advocate for respondents No.1 to 5

....…

WITH

FIRST APPEAL NO.1247 OF 2004

National Insurance Company Ltd.,

having its registered office at No.3

Middleton Street, Kolkatta and

a Divisional Office at Hazari Chambers

Station Road, Aurangabad, through its

Divisional Manager at Aurangabad

… APPELLANT

VERSUS

1.

Sumitrabai w/o Madhavrao Nilkanthe,

Age 35 years, Occu. Household,

R/o Sodegaon, Tq. Kalamnuri

District Hingoli

2.

Anil s/o Madhavrao Nilkanthe,

age 20 years, Occu. Education,

R/o as above.

3.

Vaijnath s/o Gyandeorao Ghute,

Age 30 years, occu. Agri.,

R/o Salegaon, Tq. Kalamnuri

… RESPONDENTS

.......

Shri P.P. Bafna, Advocate for appellant

Shri Sachin S. Deshmukh, Advocate for respondents No.1 to 5

....…

WITH

FIRST APPEAL NO.1333 OF 2004 WITH

CIVIL APPLICATION NO.11962 OF 2004

National Insurance Company Ltd.,

having its registered office at No.3

Middleton Street, Kolkatta and

First Appeal No.65/2004 with

connected Appeals

:: 4 ::

a Divisional Office at Hazari Chambers

Station Road, Aurangabad, through its

Divisional Manager at Aurangabad

… APPELLANT

VERSUS

1.

Padmabai w/o Vyankatrao Nilkanthe,

Age 35 years, Occu. Household,

R/o Nandapur, Tq. Kalamnuri,

district Parbhani.

2.

Shivaji s/o Vyankatrao Nilkanthe,

Age 25 years, Occu. Agri.

R/o as above.

3.

Chandraprabhabai w/o Rustumrao Nilkanthe,

Age 65 years, Occu. Household,

R/o as above.

(Appeal deleted as against respondent No.3.

vide Registrar’s order dated 12/8/2008)

4.

Vaijnath s/o Gyandeorao Ghute,

Age 30 years, occu. Agri.,

R/o Salegaon, Tq. Kalamnuri

… RESPONDENTS

.......

Shri P.P. Bafna, Advocate for appellant

Shri Sachin S. Deshmukh, Advocate for respondents No.1 to 5

....…

CORAM :

R. G. AVACHAT, J.

DATE :

21st OCTOBER, 2021

ORAL JUDGMENT :

All these appeals have been preferred by the

Insurance Company seeking exoneration from liability