KUM.ADITYA RAMCHANDRA PATIL (MINOR)AND ANR. vs SHRI.YUVRAJ BHIVAJI PATIL AND ORS.

Judgment text excerpt

S.S.Kilaje 221- FA-1370-2019- Judgment.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1370 OF 2019 1 Aditya Ramchandra Patil Age : 3 years, Occ. Nil 2 Pranav Ramchandra Patil Age : 3 years, Occ. Nil Nos. 2 and 3 being minor through their Guardian Appellant No.3 3 Akkatai Shankar Patil Age : 60 years, Occ. Household All are R/o. Village Chafodi Tal. Karvir, Dist. Kolhapur … Appellants Versus 1 Yuvraj Bhivaji Patil Age : Major, Occ. Business R/o. Village Chafodi, Tal. Karvir, Dist. Kolhapur 2 The New India Assurance Co. Ltd. Divisional Office: Near Vateshwar Road, Station Road, Kolhapur 3 Ramchandra Shankar Patil Age : Major, Occ. Labour R/o. Village Chafodi, Tal. Karvir, Dist. Kolhapur ... Respondents …………. Mr. Avesh Ghadge i/b. Mr. Akshay Shinde, Advocate for the Appellants. Ms. Poonam Mital, Advocate for Respondent No.2. CORAM : SHIVKUMAR DIGE, J. DATED : 23rd JULY, 2025. ORAL JUDGMENT : 1. This appeal is preferred by the appellants /claimants against the dismissal of the claim petition. 1/6 S.S.Kilaje 221- FA-1370-2019- Judgment.doc 2. It is contention of learned counsel for the appellants that the deceased was travelling on bike with her husband and children. While proceeding on bike, her saree got entangled in the chain of the motorcycle, due to which the motorcycle slipped on the road, and the deceased along with her husband and children fell on ground. The deceased sustained serious injuries and died while taking treatment. The offence was registered against the husband of the deceased. Learned counsel further submitted that the deceased died while travelling on bike. It was accidental death, but the Tribunal has not considered this fact and has dismissed the claim petition on the ground that there was no accident of th