NOORJAHAN GULAM MOINUDDIN AND ORS. vs MANOHAR WAMANRAO NALAWADE AND ORS.

Judgment text excerpt

901-FA-574-2004.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by KANCHAN CIVIL APPELLATE JURISDICTION KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2026.06.02 FIRST APPEAL NO. 574 OF 2004 16:37:02 +0530 1. Ms. Noorjahan Gulam Moinuddin ) Aged 33 years ) 2. Mr. Nasibdar Jeeyan Mansoori ) Aged about 55 years ) Note: ) The original applicants No. 3 & 4 ) have died leaving behind the ) present Appellants as legal heirs. ) Hence, their names are dropped ) from the title. ) 3. Miss Farida Gulam Moinuddin ) Aged about 12 years, minor through ) the Guardian mother Appellant No. 1, ) Noorjahan Gulam Moinuddin. ) Residing at Rajiv Gandhi Nagar, ) (Millat Nagar), Chaudhary Estate, ) Ahale Kadis Mashjid, Bhandhup - Sonapur. ) Bhandhup (West), Mumbai – 400 078. )...Appellants (Original Claimants) Versus 1. Manohar Wamanrao Nalawade ) Residing of 1/140, ‘B’ Sector, ) 21, Turbhe, Navi Mumbai, Dist. - Thane. )...Respondent No. 1 (Original Opposite Party) 2. New India Insurance Co. Ltd. ) Thane Divisional Office, ) At Shiv Krupa Commercial Centre, ) Shivaji Nagar, Gokhale Road, Thane. )...Respondent No. 2 (Insurer) Kanchan Dhuri 1/11 901-FA-574-2004.doc ………... Mr. T.J. Mendon, Advocate for the Appellants. Ms. Poonam Mittal, Advocate for the Respondent No.2. ………... CORAM : ABHAY AHUJA, J. DATE : 7 MAY 2026 JUDGMENT : 1. This First Appeal impugns the Judgment and Order dated 25 th February 2003 of the Maharashtra Accident Claim Tribunal, Thane (the “MACT, Thane”). 2. On 18th March 1992, the deceased named Gulam Moinuddin Nasibdar was hit by a lorry No.MH-04-C-181 owned by the Respondent No.1 while crossing the road opposite Raymond and Dem Company and died as a result of severe injuries sustained. The claimants viz. the wife, father, mother and two minor children filed a Cl