UNITED INDIA INSURANCE CO. LTD. vs 1. RUKMINI DEEPAK ALIAS DILIP KACHARE AND ORS.

Judgment text excerpt

WAKLE MANOJ JANARDHAN Manoj 9-FA-105-2007.doc Digitally signed by WAKLE MANOJ JANARDHAN Date: 2025.07.09 11:15:59 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 105 OF 2007 United India Insurance Company Limited having its Regional Office At No.II at Maker Bhavan-1 Sir V.T. Marg. Churchgate Mumbai 400020 ...Appellant / Original Insurer (Opponent No.2) V/s. 1. Smt. Rukmini Deepak alias Dilip Kachare, aged about 27 years, residing at Prem Nagar Vasahat , Near Datta Mandir Near Gop-Chawl B.G. Kher Marg, Near Coca Cola Company. Worli Mumbai 400018 (wife of the deceased) 2. Shri. Nana Deepak alias Dilip Kachare, Age about 4 years, being minor through his mother and next friend i.e. No.1 abovenamed (son of deceased) 3. Sheetal Deepak alias Dilip Kachare aged abut 2 years, residing at as above, being minor through her mother and next friend, i.e., No. 1 abovenamed (daughter of deceased) 4. Girish Deepak alias Dilip Kachare, Age: 9 months, residing at as above being minor through his mother and next friend i.e. No.1 abovenamed (son of deceased) 5. Smt. Indirabai Govind Kachare, aged about 52 years, residing at as above (mother of the deceased) 1/48 Manoj 9-FA-105-2007.doc 6. Shri. Balasaheb P. Ghule, Age: Adult, residing at Manjari Budruk, Taluka- Haveli, District- Pune. ...Respondents Mr. H. G. Misar, for the Appellant. Mr. T. J. Mendon, for the Respondent Nos. 1 to 5. Mr. Veerdhawal Deshmukh, Appointed as Amicus Curiae. CORAM : SHYAM C. CHANDAK, J. RESERVED ON : 05th MAY, 2025 PRONOUNCED ON : 02nd JULY, 2025 JUDGMENT:- . The insurer has preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (“the Act”) being aggrieved by the Judgment and Award dated 13/10/2006, in Application No.2935 of 1996 (“claim”), passed by