RELIANCE GENERAL INSURANCE CO.LTD. vs MR. KISHOR ASHOK PANDILWAR

Judgment text excerpt

LSP 1 1 fa 169.24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.169 OF 2024 Reliance General Insurance Co. Ltd. 4th floor, Chintamani Avenue, Off. Western Express Highway, Next to Virwani Industrial Estate, Goregaon (E), Mumbai. ...Appellant V/s. 1. Kishor Ashok Pandilwar R/at: Plot No.20, Jayashree Apartment, 301, Pushtikar Society, Jogeshwari (west), Mumbai 400 102. (Husband of deceased) 2. Mr. Kuldeep Daljeet Dhanjal, R/at: Near Unichem Laboratories, 301, Jayashree Apartment, Plot No.20, Pushikar CHS, Jogeshwari (W), Mumbai-400 102. ...Respondents Mr.Akshay Kulkarni a/w Mr.Aditya Advocate for Appellant. Ghadge:- (Through V.C.) Mr.Jitendra Gor a/w Ms.Yashika Advocates for Respondent No.1. Jain:- CORAM : S.M. MODAK, J Digitally signed by LATA LATA SUNIL SUNIL PANJWANI PANJWANI Date: DATE : 14th October 2025. 2025.11.04 19:06:02 +0530 ORAL JUDGMENT : Heard learned Advocate for the Appellant Mr. Kulkarni and LSP 2 1 fa 169.24.doc heard learned Advocate for the Claimant-husband of the deceased. 2. Admittedly, two vehicles were involved in the accident. They are Vehicle No. MH-02 EP 4241 in which the deceased and her husband-claimant were traveling. They were traveling on Aurangabad-Nashik Highway and moving towards Mumbai. The accident took place at Warzadi Fata gate No.12 and 3. Whereas another vehicle involved is MH-15-BX-0489. Both these vehicles collided with each other. As result of which the deceased sustained injuries and she died during the accident. Though earlier she was working and having a salary income, at the time of accident she was a housewife and that is how the Tribunal has considered her income as Rs.10,000/- by applying the test of notional income. 3. The Appellant-Insurance Company is insurer of the vehicle