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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


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