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Bombay High Court

ROHIT ANANDA SHINDEversusZURICH KOTAK GENERAL INSURANCE COMPANY (INDIA) LTD.

Disposal
Disposed Off

Holding

The Court partially allowed the interim application, granting Rs. 15,00,000 to the applicant and confirming the earlier interim stay.

Summary

The applicant, Rohit Ananda Shinde, sought to withdraw the full award of Rs. 19,36,531 granted in his insurance claim against Zurich Kotak General Insurance Company. He argued that he was healthy at the time of the accident, suffered a functional disability of 36%, and needed the money due to loss of job opportunities. The insurer contended that the claimed amount was excessive and that the applicant's medical evidence was insufficient. The Court, after reviewing the award and submissions, partially allowed the application, permitting the applicant to receive Rs. 15,00,000 subject to an undertaking and directing the balance to be invested in a nationalized bank. The Court also confirmed the earlier interim stay, disposed of the interim applications, and admitted the first appeal.

Issues considered

  • Whether the applicant is entitled to withdraw the full awarded amount of Rs. 19,36,531 or only a part thereof.
  • Whether the interim stay previously granted should be confirmed.

Subjects

  • insurance claim
  • interim relief
  • partial payment
  • functional disability
  • withdrawal of award
  • stay of order

Judgment

                                                          79 IA 1231 OF 2026.odt

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

                 79 INTERIM APPLICATION NO. 1231 OF 2026
                                   IN
                      FIRST APPEAL NO. 1724 OF 2025
                                  WITH
                  INTERIM APPLICATION NO. 11445 OF 2025
                                   IN
                      FIRST APPEAL NO. 1724 OF 2025

                          ROHIT ANANDA SHINDE
                                  VERSUS
      ZURICH KOTAK GENERAL INSURANCE COMPANY (INDIA) LTD.
                                    ...
      Advocate for Applicant/Claimant : Mr. Umesh Hanmantrao Pawar
     Advocate for Respondent/Insurance Company : Mr. Pravin Alawekar
                                    ...
                     CORAM               : SHAILESH P. BRAHME, J.

                      DATE                : 27.08.2026


PER COURT :

      INTERIM APPLICATION NO. 1231 OF 2026 FOR WITHDRAWAL OF
AMOUNT:

       Heard both sides.

2.    The applicant seeks to withdraw an amount of Rs. 19,36,531/-.

3.    The counsel for the applicant submits that his client was healthy when
meet with an accident. The disability reported by him to the tune of 40%,
however, it is recorded to be 36% of functional disability.   It is contended
that the applicant is in need of money and he substantially lost the job
opportunities.

4.    Per contra, learned counsel for the Insurance Company submits that
the quantum is exorbitant. My attention is adverted to the cross-examination


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                                                             79 IA 1231 OF 2026.odt

of the applicant to buttress that even after accident education was
completed and an exaggerated case has been projected. It is submitted that
the doctor has not been examined by the applicant.

5.      I have gone through the impugned judgment and award and
considered rival submissions of the parties.         Considering the overall
conspectus of the matter, it would be appropriate to grant Rs. 15,00,000/- to
the applicant out of Rs. 19,36,531/-.

6.      Interim Application is partly allowed permitting the applicant to
receive Rs. 15,00,000/- on furnishing undertaking to the satisfaction of the
Presiding Officer of the jurisdictional Tribunal. Balance amount shall be
invested in any nationalized bank.

7.      Interim Application is disposed of.

FIRST APPEAL :

8.      Admit.

9.      Learned     counsel    Mr.    Pawar    waives      service     for     the
respondent/claimant.

10.     Call for record and proceedings.

11.     Print is dispensed with.

INTERIM APPLICATION NO. 11445 OF 2025 FOR STAY :

12.     As the entire amount has been deposited by the Insurance Company,
ad interim relief granted earlier shall stand confirmed.

13.     Interim Application is disposed of.


                                        ( SHAILESH P. BRAHME, J.)



mkd/-


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