THE ORIENTAL INSURANCE CO.LTD. vs SURESH RAMCHAND SAWLANI and ORS.

Judgment text excerpt

1 J-FA-1283-2003.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1283 OF 2003 The Oriental Insurance Company Ltd. A limited Company incorporated and Registered under the General Insurance Corporation Act having its Head Office At New Delhi and Bombay Regional Office at Oriental House, Regional Office No. 2, 7th Floor, J. Tata Road, Churchgate, Mumbai – 400 020. …Appellant Versus 1. Suresh Ramchand Sawlani 2. Ms. Puja Suresh Sawlani 3. Avinash Suresh Sawlani all of them Residing at P.O. Box 856, Dubai. 4. Mrs. Jennifer Valerian D’Mello, an Indian Inhabitant residing at 21, Hill Niketan, 6th floor, near Mount Mary’s Church, Hill Road, Bombay – 400 050. (owner of Ambassador car No. MH-02-8639). ...Respondents WITH CROSS OBJECTION (ST) NO. 5421 OF 2004 WITH CIVIL APPLICATION NO. 245 OF 2021 ----------------- Mr. Devendranath S. Joshi (Thr. VC) a/w Mr. Pradyumna Thakurdesai for the Appellant. Ms. Sunanda Kumbhat a/w K. N. Tavakulli i/b. Ms. Gauri Chhabria for Respondent Nos.1 and 3. ----------------- CORAM : R. I. CHAGLA AND ADVAIT M. SETHNA, JJ. Mayur 1/36 2 J-FA-1283-2003.doc RESERVED ON : 16 MARCH 2026 PRONOUNCED ON : 6 MAY 2026 JUDGMENT (Per Advait M. Sethna, J.) :- Prologue :- This is yet another unfortunate case arising out of a Motor Accident, which took lives of two women on the fateful day of 3 July 1994. It is pursuant to this force majure event that the Respondents have invoked their rights under the policy with the Appellant Insurance Company, by claiming the compensation which according to them is fair and just, though, no monetary amount can make up for the human lives lost in the tragedy. 1. This Appeal has been filed against the Judgment and order of the Motor Accident Claims Tribunal, at Mumbai (“MACT” for short) i