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Bombay High Court · 2025-05-09

CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD. THR. ITS MANAGER vs CHARU ASHOK KHANDAL AND ORS.

Citation / case number
FA/154/2022
Court
Bombay High Court
Petitioner
CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD. THR. ITS MANAGER
Respondent
CHARU ASHOK KHANDAL AND ORS.
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Judgment text excerpt

1. Ashok Radheshyam Sharma Khandal 2. Mrs Pawan Ashok Khandal 3. Rutu Ashok Khandal 4. Mr Manoj Kumar N Gautam ….Respondents ----------------- Mr. Rajesh Kanojia a/w Deepika Prabhala for the Appellant/Applicant. ----------------- CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ. RESERVED ON : 27 FEBRUARY 2025 PRONOUNCED ON : 09 MAY 2025 JUDGMENT (PER ADVAIT M. SETHNA, J.): 1. As observed by us in our earlier order dated 27 February 2025 the first appeal Admitted on 6 February 2025, is taken up for final hearing and disposal. Shubham 1/30 2 FA-154-2022.doc 2. The case before us is rather heart-wrenching and a tragic saga of a young aspiring professional girl working as a character animator with a reputed media production house aged 28 years. At prime of her youth, she met with a fatal accident on 25 March 2012 in Mumbai and thereafter succumbed to serious cervical spinal cord injuries. She courageously faced the ordeal for about five years, and on 17 January 2017 she passed away. It is after such accident that the deceased original claimant filed the claim for compensation before the Motor Accident Claim Tribunal (“MACT”) on 10 June 2014 under Section 166 of the Motor Vehicles Act, 198