Bombay High Court
SMT. SARIKA MAHANTESH NADONI AND ORS.versusSHRIRAM GENERAL INSURANCE CO. LTD.
- Disposal
- Allowed
Holding
The court permitted the applicants to receive 60% of the amount with interest and condoned the delay in filing the appeal.
Summary
The applicants, Smt. Sarika Mahantesh Nadoni and others, are dependents of the deceased Shekhar Nilappa Nadoni and seek to withdraw Rs.27,89,200 deposited by Shriram General Insurance Co. Ltd. The insurer argues that the claim involves contributory negligence, the two‑wheeler insurer was not impleaded, and the accident may be false, contending that the notional income calculation is arbitrary. The court acknowledged the applicants' dire financial need but also considered the equities raised by the insurer. It ordered that the applicants may receive 60% of the deposited amount together with accrued interest, subject to an undertaking to the presiding officer, while the balance is to be invested in a nationalised bank. In a separate interim application, the court condoned a 21‑day delay in filing the appeal. The first appeal was admitted, notice was waived, and the parties were allowed to compile further documents.
Issues considered
- Whether the applicants are entitled to the full amount deposited by the insurer or only a portion.
- Whether the insurer's contentions of contributory negligence and alleged false accident affect the entitlement.
- Whether the 21‑day delay in preferring the appeal should be condoned.
Subjects
- interim application
- withdrawal of amount
- insurance claim
- contributory negligence
- delay condonation
- equity
- interest
- dependent family
Judgment
45-IA-504-2026=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 504 OF 2026
(For withdrawal of amount)
Digitally
signed by
UDAY
IN
UDAY SHIVAJI
SHIVAJI JAGTAP FIRST APPEAL (STAMP) NO. 3158 OF 2025
JAGTAP Date:
2026.09.11
18:44:03
+0530 Smt. Sarika Mahantesh Nadoni And Ors. … Applicants
Vs.
Shriram General Insurance Co. Ltd. … Respondent
WITH
INTERIM APPLICATION NO. 6649 OF 2025 (Delay)
IN
FIRST APPEAL (STAMP) NO. 3158 OF 2025
WITH
FIRST APPEAL (STAMP) NO. 3158 OF 2025
Shriram General Insurance Co. Ltd. … Applicant
Vs.
Smt. Sarika Mahantesh Nadoni And Ors. … Respondents
………….
Mr. Manoj Kumar Sable a/w Budhbhushan Rajratna for the Applicants
Mr. Avesh A. Ghadge i/b S.H. Pathak for the Respondent – Insurance
company.
………….
CORAM : SHAILESH P. BRAHME, J.
DATE : 10th SEPTEMBER, 2026.
P. C. :
I. A. NO. 504 OF 2026
. Heard.
2. The applicant seeks to withdraw the amount of Rs.27,89,200/-
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45-IA-504-2026=.doc
deposited by the respondent – Insurance company.
3. It is clarified by learned counsel appearing for the applicants that
original applicant – Shekhar Nilappa Nadoni, who was father of the
deceased is passed away and hence not impleaded. It is submitted that
the earning member of the family lost life and the family is in dire
necessity of monetary help.
4. For the reasons stated in the application, the applicants are praying
for withdrawal of the amount.
5. Learned counsel for the respondent – Insurance company would
submit that it is a case of contributory negligence. The insurer of the two
wheeler has not been impleaded. It is a case of false accident or
implanting of the vehicle. The notional income has been considered
arbitrarily, which has enhanced the quantum exorbitantly.
6. The applicants are the dependent upon the deceased. The
necessity expressed in the application cannot be discarded. The
applicants are entitled to receive the amount but simultaneously the
equities need to be balanced. Considering over all prospects of the
matter, ends of justice would be met in permitting the applicants to
receive 60% of the amount with accrued interest.
7. The applicants are permitted to receive 60% of the amount with
Uday S. Jagtap 2 of 3
45-IA-504-2026=.doc
accrued interest on furnishing undertaking to the satisfaction of the
Presiding Officer of jurisdictional Tribunal. The balance amount shall be
invested in the nationalized bank.
I.A. NO. 6649 OF 2025
8. The applicant seeks to condone the delay of 21 days in preferring
the appeal.
9. For the reasons stated in the application, the application is allowed
and delay stands condoned.
FIRST APPEAL (ST) NO. 3158 OF 2025
10. Admit.
11. Mr. Sable, learned counsel waives notice for the respondents.
12. Call for record and proceedings.
13. Print is dispensed with.
14. The parties shall be at liberty to file compilation of documents or
private paper book.
( SHAILESH P. BRAHME, J. )
Uday S. Jagtap 3 of 3
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