907 IA 8695 OF 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION 907 INTERIM APPLICATION (STAMP) NO. 8695 OF 2026 IN FIRST APPEAL NO. 197 OF 2026 WITH NIRMALA BABASO GAVALI AND ORS. VERSUS RELIANCE GENERAL INSURANCE CO. LTD. ... Advocate for Applicants/Original Claimants/Respondents in First Appeal : Adv. Simran Sameena a/w Ketaki Sahastrabudhe i/by Mr. Rushikesh Thakur Advocate for Appellant/Insurance Company : Mr. Akshay Kulkarni a/w Adv. Avesh Ghadge, Adv. Aditya Ghadge … 39 INTERIM APPLICATION NO. 223 OF 2026 IN FIRST APPEAL NO. 197 OF 2026 WITH INTERIM APPLICATION NO. 224 OF 2026 IN FIRST APPEAL NO. 197 OF 2026 RELIANCE GENERAL INSURANCE CO. LTD. VERSUS NIRMALA BABASO GAVALI AND ORS. ... Advocate for Appellant/Insurance Company : Mr. Akshay Kulkarni a/w Adv. Avesh Ghadge, Adv. Aditya Ghadge Advocate for Original Claimants/Respondents in First Appeal : Adv. Simran Sameena a/w Ketaki Sahastrabudhe i/by Mr. Rushikesh Thakur ... CORAM : SHAILESH P. BRAHME, J. DATE : 22.09.2026 PER COURT : 1. Both the counsels appearing for the litigating sides have consented to take up the matter for consideration of application for condonation of delay 1/4 907 IA 8695 OF 2026.odt as well as first appeal on merits. The counsel for the respondents/original claimants has placed on record compilation of relevant documents. INTERIM APPLICATION NO. 223/2026 FOR DELAY CONDONATION : 2. The applicant/Insurance Company is seeking condonation of delay of 139 days, for the reasons stated in the application. The contents of the application have not been seriously disputed by the respondents. I find no mala fides on the part of the applicant in preferring the appeal belatedly. 3. The delay stands condoned. Interim application stands disposed of. FIRST APPEAL : 4. Heard both sides. I have gone through impugned judgment and award and relevant documents placed on record. 5. The appellant-Insurance Company is aggrieved by the judgment and award passed on 13.06.2025 passed by Member of Motor Accident Claims Tribunal at Islampur, awarding Rs. 25,66,954/- along with interest at the rate of 9% per annum. 6. The learned counsel for the appellant submits that the Insurance Company cannot be held liable as there is breach of condition. The driver of the offending vehicle was not having requisite driving licence. The notional income of Rs. 14,000/- per month is unreasonable and on higher side. The respondent is unable to produce cogent evidence to show monthly income. It is further submitted that rate of interest is arbitrary and needs to be reduced. It is further submitted that the quantum is arrived at arbitrarily and without there being any foundation. 7. Learned counsel Ms. Simran appearing for the contesting parties would submit that the Insurance Company did not lead any oral evidence. The Tribunal relied upon judgment of the Supreme Court in fixing notional 2/4 907 IA 8695 OF 2026.odt income, rate of interest as well a amount of consortium. No evidence is brought by the appellant to show that the quantum is arbitrary. 8. The accident in question took place on 13.08.2023. Deceased Babaso Appaso Gavali, was a pedestrian who was dashed by the offending vehicle, which was insured with the appellant. The respondents/claimants were dependent upon him. At the relevant time, deceased was 42 years old. The factum of death occurred due to accident and insurance coverage of the offending vehicle have been duly established. 9. The claimants have examined wife of the deceased and police papers were placed on record. There is no much dispute that respondent nos. 1 to 6 are the dependents of the deceased. Considering his age at the time of accident, multiplier of 14 would be applicable. 10. The impugned judgment refers to the reasons for arriving at notional income of Rs. 14,000/- per month. Reliance is placed on the judgment of the Supreme Court in the matter of Sadiq Shaikh Rafiq Vs. Reliance General Insurance Company Ltd and others; SC MANU/SC/0673/2025. I find that approach of the Tribunal is reasonable and plausible for fixing the income at Rs. 14,000/- per month. 11. The offending vehicle was insured with the appellant. The appellant failed to adduce any evidence. The appellant is rightly held liable by the Tribunal. The findings are supported by law laid down by Apex Court. 12. I have gone through the calculation. Amount of Rs. 48,000/- per person was fixed towards loss of consortium and another expenses. The interest has also been rightly determined by the Tribunal. I do not find that there is any illegality or perversity in arriving at the quantum. 13. I find that no case is made out by the Appellant-Insurance Company to cause any interference. The quantum arrived at by the Tribunal is 3/4 907 IA 8695 OF 2026.odt reasonable and proper, founded on material placed by the parties. I, therefore, pass following order : ORDER A) First Appeal is dismissed. B) Impugned judgment and award is confirmed. C) The amount deposited with accrued interest shall be disbursed to the respondents/claimants. D) Award be drawn accordingly. E) The statutory amount shall be refunded with proportionate interest to the appellant. F) Pending Interim Applications are disposed of. ( SHAILESH P. BRAHME, J.) mkd/- 4/4