Bombay High Court
MANISHA GANESH THAKARE AND ORS.versusBAJAJ ALLIANZ GENERAL INSURANCE CO.LTD.
- Decided
- Disposal
- Allowed
- Bench
- R M JOSHI
Holding
The court held that, notwithstanding any alleged tribunal error, the claimants may be allowed to withdraw 50% of the amount deposited by the insurer.
Summary
The applicants, who are claimants in an insurance dispute, sought an urgent order to withdraw 50% of the amount deposited by the insurer to prevent attachment of their properties by a bank. The insurer opposed, arguing that the appeal challenged the tribunal’s award on the basis that loss of income was accepted without proof. The court examined the evidence of the deceased’s business income and, even assuming the tribunal erred, found no barrier to allowing the partial withdrawal. Consequently, the court permitted the claimants to withdraw half of the deposited sum with interest, subject to a usual undertaking. The interim application was therefore allowed and disposed.
Issues considered
- What is the appropriate interim relief regarding withdrawal of funds deposited by the insurer pending the appeal?
- Does the alleged error by the tribunal in accepting loss of income without proof preclude allowing partial withdrawal of the deposited amount?
Subjects
- interim relief
- insurance claim
- partial withdrawal
- attachment of property
- tribunal error
- loss of income
Judgment
907-FA-51-2026.DOC
Rekha Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 951 OF 2026
IN
FIRST APPEAL NO. 51 OF 2026
Manisha Ganesh Thakare And Ors. …Applicants
IN THE MATTER BETWEEN
Bajaj Allianz General Insurance Co.Ltd. … Appellant
Versus
Manisha Ganesh Thakare And Ors. …Respondents
Mr. Devesh Suralkar with Shreyas R. Zarkar, Chirag Rawat, for the
Applicants/Respondent Nos. 1 to 3.
Mr. Sarthak Diwan, for the Appellant.
CORAM: R. M. JOSHI, J.
DATED: 6th FEBRUARY, 2026
PC:-
1. Heard.
2. learned counsel for applicants/original claimants submits
that there is an urgency for the claimants for withdrawal of the
amount as the properties of the claimants are sought to be
attached by the Punjab National Bank and unless, atleast, 50%
amount is permitted to be withdrawn, the claimants would loose
the said properties.
3. The abovesaid contention is opposed by the learned Counsel
REKHA
PRAKASH for the insurer on the ground that the Appeal has been filed taking
PATIL
Digitally signed by
REKHA PRAKASH
PATIL
Date: 2026.02.06
18:03:20 +0530
Page 1 of 2
907-FA-51-2026.DOC
exception of the impugned Judgment and Award by the Tribunal
for the reason that the Tribunal has accepted the loss of income
without proof of the same. It is his contention that as per the
evidence on record, the loss of earing would be to the extent of
managerial loss and not the entire income from the business in
question.
4. Prima facie, perusal of the record indicates that the
claimants led evidence to show the business and income of the
deceased. Even if the contention of the appellant/insurer is
accepted that the Tribunal has committed error in accepting the
loss of income the entirety of the business income of the deceased,
still there is no impediment in allowing claimants to withdraw
50% amount deposited by the insurer in this appeal.
5. Having regard to the facts of the case, it would be
appropriate to permit 50% amount to be withdrawn by the
claimants. Hence, following order.
ORDER
a) The Application is allowed.
b) The applicants/claimants are permitted to
withdraw 50% amount alongwith accrued interest
thereon on usual undertaking.
c) Application stands disposed of accordingly.
(R. M. JOSHI, J.)
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