Bombay High Court
BHIMRAO SAMBHAJI JADHAV AND ORS.versusTHE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD.
- Disposal
- Disposed Off
Holding
The Court allowed the applicants to receive 70% of the insurance amount with interest, subject to an undertaking, and directed the balance to be invested in a nationalized bank.
Summary
The applicants, dependents of a deceased, sought direction to receive the insurance proceeds after the insurer deposited Rs.36,83,864/- with the jurisdictional Tribunal. The Court noted that the deposit was made late and that the applicants' urgent need could not be ignored. Considering the circumstances, the Court permitted the applicants to receive 70% of the deposited amount along with accrued interest, provided they furnish an undertaking satisfactory to the Tribunal. The remaining 30% was ordered to be invested in a nationalized bank. The interim application was thus allowed in part.
Issues considered
- Whether the applicants are entitled to receive a portion of the insurance proceeds pending full compliance by the insurer
- Whether the balance amount should be invested in a bank pending final resolution
Subjects
- death claim
- insurance
- interim application
- deposit
- partial payment
- jurisdictional tribunal
Judgment
49-IA-1234-2026=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1234 OF 2026
IN
Digitally FIRST APPEAL NO. 1486 OF 2024
signed by
UDAY
UDAY
SHIVAJI
WITH
SHIVAJI JAGTAP
FIRST APPEAL NO. 1486 OF 2024
JAGTAP Date:
2026.09.11
18:43:52
+0530
Bhimrao Sambhaji Jadhav and Ors. … Applicants
Vs.
The Divisional Manager, National Insurance Co. Ltd. … Respondent
………….
Mr. Santosh D. Bhosale a/w Amol S. Deshinge for the Applicants
Mr. Amol Gatne (through VC) for the Respondent – Insurance company.
………….
CORAM : SHAILESH P. BRAHME, J.
DATE : 10th SEPTEMBER, 2026.
P. C. :
I.A. NO. 1234 OF 2026
. Heard.
2. The application is for direction to deposit the amount in pursuance
to earlier orders passed by this Court.
3. In pursuance to the previous orders passed by this Court, learned
counsel Mr. Amol Gatne, on instructions from his clients, makes a
statement that amount of Rs.36,83,864/- has been deposited with
jurisdictional Tribunal on 07.09.2026. He submits that as the compliance
could not be made within stipulated period, care has been taken to
Uday S. Jagtap 1 of 2
49-IA-1234-2026=.doc
deposit the amount with interest upto date.
4. It is a case of death claim. The applicants are dependents on the
deceased.
5. Considering the over all circumstances of the case, it would be
appropriate to permit the applicants to receive the amount. Their need
expressed in the application cannot be discarded.
6. The application is allowed partly permitting the applicants to
receive 70% of the amount with accrued interest upon furnishing the
undertaking to the satisfaction of the jurisdictional Tribunal. The balance
amount shall be invested in a nationalized bank.
FIRST APPEAL NO. 1486 OF 2024
7. Admit.
8. Learned counsel waives notice for respondent.
9. Call for record and proceedings.
10. Print is dispensed with.
11. The parties shall be at liberty to file private paper book or
compilation of documents.
( SHAILESH P. BRAHME, J. )
Uday S. Jagtap 2 of 2
Checking your session…