NATIONAL INSURANCE CO. LTD. THR. TP HUB, AURANGABAD vs NAGMA HUJEFA USMANI AND ORS.

Judgment text excerpt

903 FA 1699-25J.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY LAXMI SUBHASH CIVIL APPELLATE JURISDICTION SONTAKKE Digitally signed by LAXMI SUBHASH SONTAKKE FIRST APPEAL NO. 1699 OF 2025 Date: 2026.06.16 16:09:27 +0530 National Insurance Co. Ltd. ...Appellant Versus Nagma Hujefa Usmani & Ors. ...Respondents _______ Mr. Amol Gatne for the Appellant. Mr. Rajan Pawar for the Respondents. _______ CORAM: AARTI SATHE, J. Reserved on : 10 JUNE 2026 Pronounced on: 16 JUNE 2026 JUDGMENT:- 1. This Appeal challenges the Judgment and Award dated 9 th July 2024 (hereinafter referred to as ‘the impugned judgment and award’) passed by the Motor Accident Claims Tribunal (MACT), Nashik, whereby the Applicants/Petitioner Nos. 1 to 4 (Respondents Nos. 1 to 4 herein) have been awarded an amount of Rs. 77,27,864/- along with interest @ 6% p.a., inclusive of No-Fault Liability (NFL) from the date of filing of the MACT Petition/Application till realization. 2. Briefly, the facts are as follows:- i. Respondent Nos. 1 to 4 are related to the deceased Hujefa Ejaj Anjum Usmani (hereinafter referred to as “the Deceased”), who died on account of a motor vehicular accident at the age of 31 years. Respondent No. 1 is the wife of the Page 1 of 20 Laxmi 903 FA 1699-25J.DOC Deceased, Respondent No. 2 is the daughter of the Deceased, and Respondent Nos. 3 and 4 are the parents of the Deceased. ii. On 21st July 2021, the Deceased was traveling by Skoda car from Mumbai to Nashik. At that time, the driver of Primpur Bombay Roadways, i.e.. Respondent No. 5, drove truck No. NL-01-AA-1248 from Nashik to Mumbai on Mumbai Agra Road, Wadivarhe Shivar (hereinafter referred to as ‘the offending truck’) in a rash and negligent manner, and dashed into the car of the Deceased, which resulted in the death of the Deceas