United India Insurance Co. Ltd.,Mumbai v. Ramesh Balu Jadhav and Ors.
Motor Accidents – Determination of monthly income of deceased
Case brief
What is this about?
First Appeal No. 1507 of 2025, High Court of Judicature at Bombay, decided 29-07-2025 by Shivkumar Dige, J. United India Insurance Co. Ltd. v. Ramesh Balu Jadhav & Ors. (claimants being father, mother and brother of the deceased). Sole challenge to the MACT Mumbai award was fixation of the deceased's monthly income at Rs.26,765/-; upheld as correct since DW-1 had placed the salary certificate on record (gross salary, June-2018, revised salary) and the deceased was a Government servant. Points on FIR delay and non-deductibility of personal insurance policy proceeds were argued by counsel but not separately adjudicated. Appeal dismissed, no costs; withdrawal of deposited and statutory amounts permitted.
What did the court decide?
Appeal dismissed with no order as to costs; respondent Nos. 1 to 3 / claimants permitted to withdraw the deposited amount along with accrued interest; statutory amount along with accrued interest to be transmitted to the Tribunal and withdrawable by the parties as per Rules; R & P to be sent back to the Tribunal; all pending applications disposed of.