6&10-ia.11137.2024&6434.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11137 OF 2024 (FOR STAY) IN FAMILY APPEAL NO.1272 OF 2024 WITH FAMILY APPEAL NO.1272 OF 2024 Reliance General Insurance Co. Ltd. ...Applicant/Appellant (Orig. Respondent No.3) Versus Hiral Mehta Wd/o Late Dhaval Mehta and Ors. ...Respondents WITH INTERIM APPLICATION NO.6434 OF 2026 (FOR CONDONATION OF DELAY) IN FAMILY APPEAL (STAMP) NO.6933 OF 2025 WITH FAMILY APPEAL (STAMP) NO.6933 OF 2025 Hiral Mehta w/o Late Dhaval Mehta and Ors. ...Applicants/Appellants Versus Ramchandra Santkumar Irpachi and Ors. ...Respondents Mr. Aditya Ghadge i/b Mr. Akshay Kulkarni for the Applicant in IA/11137/2024. Mr. Atharva Jagtap i/b Ms. Jyoti Chavan for the Respondent Nos.1 to 5 in IA/11137/2024. Mr. Atharva Jagtap with Ms. Srushti Mahadadalvar, Ms. Namratta Pangam i/b Ms. Jyoti Chavan for the Applicants in IA/6434/2026. N. S. Chitnis 1/7 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.09.21 13:12:53 +0530 6&10-ia.11137.2024&6434.2026.doc CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 10th SEPTEMBER 2026 P.C. : 1. Two First Appeals are listed before us, out of our assignment, since one of the members of the Division Bench (Coram: Sarang Kotwal, J.) before whom the assignment falls has recused himself from hearing the First Appeals. The judgment delivered by the Motor Accident Claims Tribunal, Dadra & Nagar Haveli at Silvassa, in Motor Accident Claim Petition No. 44 of 2018 is the subject matter of an appeal being First Appeal No. 1272 of 2024, filed by Reliance General Insurance Company Limited, praying for quashing and setting aside of the said judgment. The claimants have filed an appeal being First Appeal (Stamp) No. 6933 of 2025, seeking enhancement of the amount awarded under the judgment dated 23rd January 2024. N. S. Chitnis 2/7 6&10-ia.11137.2024&6434.2026.doc 2. We have heard the learned counsel for the Insurance Company in First Appeal No. 1272 of 2024, who has also taken out an Interim Application for grant of stay, being Interim Application No. 11137 of 2024. The impugned judgment has determined the claim for compensation filed under Section 166 of the Motor Vehicles Act, 1988, by the wife of the deceased, Dhaval Mehta, his two minor children and his parents. The deceased succumbed to injuries sustained in an accident which took place on 6th August 2018, while he was travelling on his Suzuki Access motorcycle and was dashed by a truck which was insured with the Insurance Company. It is the claim of the claimants that the truck was being driven in a rash and negligent manner and, on account of the dash, the deceased was thrown off the vehicle and sustained grievous injuries. He succumbed to his injuries while being taken in an ambulance. N. S. Chitnis 3/7 6&10-ia.11137.2024&6434.2026.doc 3. In determining the issues as to whether it was proved that the accident took place on account of rash and negligent driving of the truck and whether the claimants had proved that Dhaval Vinod Mehta succumbed to the injuries, the Tribunal recorded findings in the affirmative and, upon considering the well-settled principles governing the grant of compensation, awarded compensation of Rs.65,15,888/-. The Tribunal also framed the issue whether the Insurance Company had proved breach of policy terms and conditions. The said issue was answered in the negative. Therefore, we do not find any merit in the contention of the learned counsel for the Insurance Company that the driver was drunk, as, except for its mention in the FIR, nothing has been brought on record to prove that the truck was being driven in a drunken state. Another point raised in the appeal by the Insurance Company is that the Income Tax Return (ITR) taken into consideration for determining the last income was only for the Assessment Year 2017–2018 and that the gross income could not have been computed N. S. Chitnis 4/7 6&10-ia.11137.2024&6434.2026.doc on the basis of a single ITR, and that at least three years' ITRs ought to have been taken into consideration. We find this objection also to be equally frivolous, as we find that the accident took place in the year 2018 and the ITR was published for the previous financial year 2017–2018, and the presumptive income under Section 44AD of the Income Tax Act was set out as Rs.5,11,655/-. We find that the deceased was an employee in Infinite Sum Inc., and we do not see that if he was a salaried employee, there is a major variance in his income on a year-to-year basis. 4. In the wake of the aforesaid, we refuse to grant stay of the impugned judgment at the request of the Insurance Company and direct the Insurance Company to deposit the principal amount before the Motor Accident Claims Tribunal, Dadra & Nagar Haveli at Silvassa, within a period of six weeks from today. The entitlement to interest shall be determined by us on the next date of hearing. We also direct that the Tribunal shall permit the claimants to withdraw 50% of the amount. N. S. Chitnis 5/7 6&10-ia.11137.2024&6434.2026.doc Interim Application No. 11137 of 2024 stands disposed of accordingly. 5. As far as the appeal filed by the claimants, being First Appeal (Stamp) No. 6933 of 2025, seeking enhancement is concerned, Interim Application No. 6434 of 2026 seeks condonation of delay of 279 days caused in filing the said First Appeal. Upon hearing the learned counsel for the applicants and perusal of the application, we find sufficient justification for the delay and, hence, we condone the delay. Interim Application No. 6434 of 2026 is allowed and is accordingly disposed of. 6. With the consent of the parties, we direct that both the First Appeals shall be heard finally at the stage of admission. We accordingly direct the Motor Accident Claims Tribunal, Dadra & Nagar Haveli at Silvassa, to remit the Record and Proceedings in N. S. Chitnis 6/7 6&10-ia.11137.2024&6434.2026.doc Motor Accident Claim Petition No. 44 of 2018 within a period of four weeks from today. The Registry shall accordingly take steps for securing the Record and Proceedings from the Tribunal. List both the First Appeals on 19th October 2026. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 7/7