Bombay High Court

RANJANA RAMCHADRA KHANDEKAR AND ORS.versusDIVISIONAL MANAGER SHRIRAM GENERAL INSURANCE COMPANY LIMITED.

Disposal: Allowed

Holding

The court allowed the interim application partially, directing that the applicants receive 70% of the deposited amount with interest and the balance be invested in a nationalized bank.

Summary

The applicants, heirs of the deceased Nitin Khandekar, sought to withdraw Rs.22,59,910/- deposited by the insurer as a death claim. The insurer contested, arguing the quantum was excessive. The court noted that the deceased was the sole breadwinner and that granting the full amount would be inappropriate. It therefore allowed the interim application partially, directing that the applicants receive 70% of the amount with accrued interest, subject to an undertaking, and that the balance be invested in a nationalized bank. The death of one of the respondents was recorded, and parties were permitted to amend pleadings as necessary.

Issues considered

Whether the applicants are entitled to the full death claim amount deposited by the insurer.
Whether the court can order a partial disbursement (70%) of the death claim with the balance invested.
Effect of the death of respondent No.4 on the claim and parties.

Subjects

death claim
insurance
interim relief
partial payment
interest
succession

Judgment

                                                    25-IA-1077-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 1077 OF 2026
                                      IN
                      FIRST APPEAL(ST) NO. 32555 OF 2022

Ranjana Ramchadra Khandekar And Ors.                 ...Applicants
       Versus
Divisional Manager Shriram General
Insurance Company Limited.                         ...Respondent
                                …..
Adv. Santosh D. Bhosale a/w Adv. Amol S. Deshinge, Advocate for
Applicants.
Adv. Abhang Suryawanshi i/b Adv. Pandit Kasar, Advocate for
Respondent.
                                …..


                                    CORAM : SHAILESH P. BRAHME, J.

                                    DATE     : 28th AUGUST, 2026.

P.C. :

           Heard.

2.         The applicant No.4 died and her heirs are already on record in

the form of other applicants. The amount be disbursed to applicant Nos.

1, 2, 3 as the respondent No.4 is passed away.

3.         By this application, the applicants seek to withdraw amount of

Rs.22,59,910/- deposited by the respondent - Insurance Company. It is

submitted that deceased Nitin Khandekar was the only earning member

in the family, who was well qualified and succumbed to the injuries in



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the accident. It is submitted that Tribunal has rightly arrived at the

quantum. The applicants are in need of the amount due to the

precarious condition.

4.         The application is contested by the respondent - Insurance

company. It is submitted that company has a ray of success in the

appeal. The quantum is exorbitant and unreasonable.

5.         It is death claim of the deceased, who was the breadwinner and

earning member of the family lost the life. It would not be appropriate

to permit the applicants to receive entire amount of compensation but

the ends of justice would be met in permitting them to receive 70% of

the amount.

6.         The Application is allowed partly, permitting the applicants to

receive 70% of amount in equal proportion with accrued interest on

furnishing undertaking to the satisfaction of the Presiding Officer of the

jurisdictional Tribunal. The balance amount shall be invested in

nationalized bank.



                    FIRST APPEAL(ST) NO. 32555 OF 2022


7.         It is reported that respondent No.4 - Kasabai              Yashwant

Khandekar is passed away and survived by other respondents.

Necessary amendment be carried out by either of the parties.

8.         Admit.




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9.          Mr. Suryawanshi, learned counsel waives notice for the

respondent.

10.         Call for record and proceedings. Printing is dispensed. Party shall

be at liberty to file compilation of documents.


                                                  [ SHAILESH P. BRAHME, J.]




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