UNITED INDIA INSURANCE COMPANY LTD.THR.ITS MANAGER, MR.S.KUMARAVELAN v. SHRI.ASHOK MAHADEV PATIL AND ORS.
FA/207/2019 · 2026-06-22
Shri Jitendra Shantilal Jain
body2019
DailyLaw.ai
[ 2019 DAILYLAW 3080 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2019 DAILYLAW 3080 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sneha Bang 1 11.FA-207-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 207 OF 2019 United India Insurance Company Ltd. Thr. Its Manager, Mr. S. Kumaravelan …. Appellant Versus Ashok Mahadev Patil & Ors. .… Respondents __________________________________________________________________ Mr. Nikhil Mehta i/b. KMC Legal Venture for the Appellant. None for the Respondents. __________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 22nd JUNE 2026 P. C. :
1. The present appeal is filed by the insurance company challenging
order of the Tribunal dated 5th April, 2017 whereby compensation of Rs. 24,32,240/- alongwith interest was awarded.
2. The first contention raised by the learned counsel for the insurance company is that for the purpose of the multiplyer, age of the parents should be considered and not the age of the deceased. This is now no more res integra in the light of the decision in the case of National Insurance Company vs. Pranay Sethi & Ors.1. The age of the deceased should be considered and has been rightly considered by the Tribunal. Therefore, no fault can be found in the Tribunal’s order.
3. The second submission made by the learned counsel for the insurance company is that the monthly income Rs.11,309/- taken by the 1 (2017) 16 SCC 680 SNEHA JAYPRAKASH BANG Digitally signed by SNEHA JAYPRAKASH BANG Date: 2026.06.22 18:38:36 +0530
Sneha Bang 2 11.FA-207-2019.doc Tribunal is on the higher side. The said submission has considered the figure of Rs. 11,309/- based on the salary slip which was exhibited as Exh.42. The salary slip has not been disputed. In the light of this fact, the contention raised that the monthly income considered by the Tribunal is on the higher side cannot be accepted.
4. Since on both these ground no fault can be found in the Tribunal’s
order, the appeal of the insurance company is dismissed.
5. Statutory deposit of Rs. 25,000/- to be transferred to the concerned Tribunal and the parties to make application for the refund of the same.
6. The original amount awarded alongwith interest should be paid over to the claimant after considering any amount withdrawn.
7. Appeal is dismissed.
[ JITENDRA JAIN, J. ]