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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/-

                       Uday S. Jagtap                        1 of 3
                                                              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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