Reliance General Insurance Company Limited Through Its Mumbai Corporate Office vs Smt. Padama Brajesh Kumar Tripathi (Widow Of The Deceased) And Ors.
- Court
- Bombay High Court
CNR No : HCBM010051622025
2026:BHC-AS:42483
28-FA-536-2020+XOB(ST)-3097-2025+CAF-1806-2019-2006.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SATISH
RAMCHANDRA
SANGAR
FIRST APPEAL NO.536 OF 2020
WITH
CROSS OBJECTION (ST) NO.3097 OF 2025
Digitally signed by
SATISH RAMCHANDRA
SANGAR
Date: 2026.10.19
10:27:43 +0530
WITH
CIVIL APPLICATION NO.1806 OF 2019
IN
FIRST APPEAL NO.536 OF 2020
Reliance General Insurance Company }
Limited, Through its Mumbai Corporate }
th
Office, 4 Floor, Chintamani Avenue, }
Off Western Express Highway, Goregaon }
East, Mumbai. } ...Appellant
Versus
1. Smt.Padama Brajesh Kumar Tripathi, }
Age : 34 Years, Occupation : Housewife, }
(Widow of the deceased) }
2. Mast. Arpit Brajesh Kumar Tripathi, }
Age : 11 Years, (Minor Son of the deceased) }
3. Mast. Mohit Brajesh Kumar Tripathi, }
Age : 8 Years, (Minor Son of the deceased) }
(As Applicant Nos.2 and 3 are being minor, }
they are appearing through their mother / }
natural guardian i.e. Applicant No.1) }
All are residents of Timshi Residency, }
Plot No.151 & 152, Room No.201, Sector–9, }
New Panvel, Taluka : Panvel, District : Raigad. }
4. Mr.D.Dastagiri Lalsab, }
Residing at : Sukhsagar H.S.G. Society, }
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Plot No.247/248, B – 404, Sector No.23, }
Juinagar, Navi Mumbai, District : Thane } ...Respondents
====================================================
Mr.Rahul Mehta i/b. KMC Advocate for Appellant Insurance
Legal Venture:- Company.
Mr.T.J.Mendon:- Advocate for Respondent Nos.1 to 3
– Original Applicants.
No one is present:- On behalf of the Respondent No.4.
====================================================
CORAM : S. M. MODAK, J.
th
DATE : 14 OCTOBER 2026
ORAL JUDGMENT :-
1. Heard learned Advocate Shri.Mehta for the Appellant Insurance
Company and the learned Advocate Shri.Mendon for the Respondent
Nos.1 to 3 / Original Claimants.
2. The Motor Accident Claims Tribunal – Thane (“Tribunal”) as
th
per the Award dated 27 July 2017 passed in M.A.C.P. No.294 of 2013
has directed the Insurer and Insured to pay an amount of
Rs.41,61,960/- (Rupees Forty One Lakh Sixty One Thousand Nine
Hundred Sixty) along with other benefits. It was death claim. The
name of the deceased is Brajesh Kumar Tripathi. He was 37 years old
and was working as Junior Engineer with M/s. JSW Ispat Steel Ltd.,
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Wadkhal, District : Raigad. He was earning Rs.33,787/- (Rupees
Thirty Three Thousand Seven Hundred Eighty Seven) per month.
rd
3. He was riding his motorcycle on 23 February 2013. At about
11.00 p.m., on Goa – Bombay Road near Palaspe village, he was dashed
by one trailer from backside. He was driving in high speed. There was
offence registered against the trailer driver.
4. The Claim Application was resisted only by the Insurer. On
behalf of the Claimant, one Padama who is widow of the deceased has
gave evidence, so also, one Ajay Ranjit Thakur who is the employer.
The Insurance Company has not given any evidence. The aspect of
negligence of the trailer driver is not challenged in this Appeal. The
Appeal is only limited to the quantum of compensation.
5. According to Mr.Mehta, the amount of monthly income is on
higher side. The salary–slips of the deceased were tendered in evidence
at Exhibit–46/1 to 46/4. Even the employer’s representative was cross
examined at length. The gross salary of the deceased for the month of
January–2013 was Rs.33,787/- (Rupees Thirty Three Thousand Seven
Hundred Eighty Seven). The permissible deduction was on account of
professional tax for Rs.200/- and the income tax for Rs.779/-. The
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salary considered was Rs.32,808/- (Rupees Thirty Two Thousand
Eight Hundred Eight) and the annual salary is Rs.3,93,696/- (Rupees
Three Lakh Ninety Three Thousand Six Hundred Ninety Six).
(Paragraph No.28 of the judgment). This is on the basis of the
documents as to salary proved through the employer’s representative. I
do not think that it is on higher side.
6. The submission is the income on the basis of Form–16 ought to
have been considered. But when there was no Form–16 but there is a
salary–slip proved through witness, that can be a basis. This is the only
point which is raised in the Appeal. I do not find that it can be
entertained.
7. Whereas, Mr.Mendon submitted that the future prospect is not
considered. There is Cross–objection filed. According to the age of the
deceased, it should have been 50%. Considering the dependents,
rd rd
personal expenses are 1/3 and the dependency is 2/3 . The
compensation was not granted on account of consortium, loss of estate
and funeral expenses. It has to be allowed. So, the compensation has to
be redetermined. It is as follows:-
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Sr.No. Heads Compensation Awarded
(i) Monthly Income:- Rs.32,808/-
(ii) Future Prospects:- Rs.16,404/-
(50% of the monthly Income)
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(iii) Dependency 2/3 and Personal
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Deduction 1/3 (of
Rs.49,212/-):-
Rs.32,808/-
(iv) Multiplier 15:- Rs.59,05,440/-
(Rs.32,808/-X12X15)
(v) Funeral Expenses:- Rs.18,000/-
(vi) Loss of Estate:- Rs.18,000/-
(vii) Loss of Consortium:- Rs.1,44,000/-
(Rs.48,000/- per head)
(a) Total Compensation
Awarded:-
Rs.59,05,440/-
(b) Compensation awarded by the
Tribunal:-
Rs.41,61,960/- + 8% per
annum interest
Amount to be paid now:- Rs.19,23,480/- + 8% per
annum interest.
8. In view of that, following order is passed:-
-: O R D E R :-
(a) The Appellant – Reliance General Insurance Company
Limited and the Respondent No.4 – Mr.D.Dastagiri Lalsab
are directed to pay jointly and severally an amount of
Rs.19,23,480/- (Rupees Nineteen Lakh Twenty Three
Thousand Four Hundred Eighty) being an enhanced
compensation within a period of 12 weeks from today along
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with interest at the rate of 8% per annum from the date of
Petition till realization.
(b) The Claimant Nos.1 to 3 to pay the Court Fee on the
enhanced amount of compensation.
(c) The statutory deposit along with interest be transferred to
the Tribunal.
9. In the above terms, the Appeal is dismissed and the Cross-
objection is allowed.
10. Pending Applications, if any, also stand disposed of.
[S. M. MODAK, J.]
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