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

Judgment text excerpt

Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 1 FA-154-2022.doc 2025.05.10 21:20:14 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 154 OF 2022 WITH INTERIM APPLICATION NO. 957 OF 2022 IN FIRST APPEAL NO. 154 OF 2022 Cholamandalam MS General Insurance Co. Ltd. through its Manager ….Appellant (Ori. Opponent No.2) Vs. Ms. Charu Ashok Khandal (deleted) 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, 1988 (“MV Act”). 3. The appellant i.e. Cholamandalam General Insurance Company Ltd. has assailed the impugned judgment of MACT, Mumbai in MAC application No.875 of 2014, dated 2