Advocates:
['CHAPALGAONKAR S G', 'D M MANE', 'A N NAGARGOJE', '', 'R/ DELETED']

( 1 )

907 fa 2217.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

907 FIRST APPEAL NO.2217 OF 2012

WITH CA/6707/2012

UNITED INDIA INSURANCE CO. LTD.

VERSUS

JAYASHREE PRAKASH UNDRE AND ORS

...

Advocate for Appellant : Mr. Chapalgaonkar S.G.

Advocate for Respondents :Mr. A.N. Nagargoje for R/7

...

CORAM : M.G. SEWLIKAR, J.

DATE : 27.01.2021

P.C.:-

Heard Shri Chapalgaonkar learned counsel for the appellant and

Shri Nagargoje learned counsel for the respondent no.7. Respondent nos.1 to

4 and 6 have been served but they have not caused appearance in this appeal.

Therefore, appeal proceeded ex parte against them.

2.

The only question involved in this appeal is whether the

deceased-Prakash Undre was the ‘

Workman’ on the date of the accident which

occurred on 07.03.2005.

3.

Facts leading to this appeal are that the deceased-Prakash Undre

was driving tractor no.MH-25-1934 on the date of the accident. The tractor

turned turtle, owing to which, the deceased-Prakash Undre died in the

( 2 )

907 fa 2217.12

accident. Respondent nos.1 to 6 are the legal heir of the deceased-Prakash

Undre. Respondent no.5 died during the pendency of the appeal. His name

came to be d