Bombay High Court

Bombay HC Cuts Compensation for Parents of 24-Year-Old Killed as Pillion Rider, Applying 50% Deduction for Bachelor’s Expenses

Tata Aig General Insurance Co. Ltd. vs Shri. Mangilal Bhairaji Kharol And Ors.

Bombay High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
Bombay HC Cuts Compensation for Parents of 24-Year-Old Killed as Pillion Rider, Applying 50% Deduction for Bachelor’s Expenses. Tata Aig General Insurance Co. Ltd. vs Shri. Mangilal Bhairaji Kharol And Ors.. Bombay High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Bhagwan Kharol, aged 24, was a pillion rider on a motorcycle when it was struck by a tempo insured with Tata AIG; he sustained fatal injuries.

Source reference: p.3, para. 5

The FIR was lodged against the tempo driver, and the insurer called no witness at trial.

Source reference: p.3, para. 5

The Motor Accident Claims Tribunal, Alibag awarded the claimants Rs.18,12,000.

Source reference: p.2, paras. 2–3

The insurer appealed, challenging negligence, the dependency deduction, future prospects and other heads of compensation.

Source reference: pp.2–3, paras. 2–3

The High Court accepted that the deceased earned Rs.6,000 per month from a grocery shop belonging to his parents.

Source reference: p.4, paras. 6–7
02

Issues

1. Whether the deceased’s status as a pillion rider and the evidence on record warranted a finding of contributory negligence or reduction of the claim on that basis.

Source reference: p.3, para. 5

2. Whether the Tribunal correctly calculated the dependency deduction and future prospects for the deceased bachelor.

Source reference: pp.3–4, paras. 2, 6, 8

3. Whether the compensation awarded under the relevant heads required recalculation.

Source reference: pp.3–5, paras. 3–4, 8–9
03

Law Applied

The Court relied on Khenyei v. New India Assurance Co. Ltd., (2015) 9 SCC 273, for the principle that compensation in a case of composite negligence may be claimed against the driver, owner and insurer of either vehicle.

Source reference: p.3, para. 5

It applied the principles governing assessment of compensation by treating the deceased’s personal-expense deduction as one-half because he was a bachelor, and adding future prospects at 40% to the accepted income.

Source reference: p.4, paras. 6, 8
04

Reasoning

The Court rejected the insurer’s negligence submission: the deceased was a pillion rider, the FIR named the tempo driver, and the insurer had adduced no contrary evidence.

Source reference: p.3, para. 5

Applying Khenyei, it held that the claim could be pursued against the insured tempo’s owner and insurer.

Source reference: p.3, para. 5

It retained the Tribunal’s assessment of monthly income at Rs.6,000, added 40% future prospects, and deducted one-half for personal expenses, producing annual dependency of Rs.50,400.

Source reference: p.4, paras. 6, 8

Applying multiplier 18, it calculated loss of income at Rs.9,07,200 and added the specified conventional heads and dead-body transportation expenses, reaching total compensation of Rs.10,42,200.

Source reference: pp.4–5, paras. 6–9
05

Holding

The appeal was partly allowed. The Tribunal’s award was modified to Rs.10,42,200, payable jointly and severally by the insurer and the insured, with interest at 6% per annum from the date of the claim petition until payment.

Any excess deposited by the insurer was refundable with accrued interest; the claimants were permitted to withdraw the amount, subject to sums already withdrawn.

Source reference: p.6, para. 10

The appeal and any pending applications were disposed of.

Source reference: p.6, paras. 11–12
Bombay High Court

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Tata Aig General Insurance Co. Ltd.vsShri. Mangilal Bhairaji Kharol And Ors.

Bombay High Court · October 13, 2026

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