Bombay High Court
RITESH ASHOK THAKUR AND ORS.versusRELIANCE GENERAL INSURANCE CO. LTD.
- Disposal
- Disposed Off
Holding
The court held that the delay in filing the appeal is condoned and the plaintiff is entitled to receive 60% of the deposited amount with accrued interest, subject to an undertaking, while the remaining balance is to be invested in a nationalized bank.
Summary
The High Court considered three interim applications arising from a dispute between Reliance General Insurance Co. Ltd. and Ritesh Ashok Thakur concerning a motor accident that resulted in the loss of the plaintiff’s left leg. The first application sought condonation of delay in filing a first appeal, which the court allowed as the respondent had no objection. The second application, filed by the plaintiff, requested withdrawal of the Rs.66,34,120 deposited by the insurer and a revised award, alleging that the insurer had issued a fake policy; the court found the injury undisputed, noted the insurer’s claim of a fake policy was already addressed, and partially allowed the application by granting the plaintiff 60% of the amount with accrued interest, subject to an undertaking. The third application dealt with procedural notice, which the court ordered to be issued but was subsequently waived by the insurer’s counsel. The court’s reasoning emphasized the seriousness of the plaintiff’s disability, the inadequacy of the insurer’s defence, and the need for interim relief pending the final appeal.
Issues considered
- The court’s power to condone delay in filing an appeal under procedural law.
- Whether the plaintiff is entitled to a partial award of the deposited amount despite the insurer’s claim of a fake policy.
- The appropriateness of granting interim relief of 60% of the amount with interest pending final determination.
Subjects
- insurance claim
- fake policy
- compensation
- condonation of delay
- interim relief
- disability
- medical expenses
- interest award
Judgment
1 63-IA-547-2026 (C)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 547 OF 2026
IN
FIRST APPEAL ST NO. 2612 OF 2026
Reliance General Insurance Co. Ltd. …...Applicant
Vs.
Ritesh Ashok Thakur & Ors. …...Respondents
WITH
INTERIM APPLICATION NO. 548 OF 2026
IN
FIRST APPEALST NO. 2612 OF 2026
Reliance General Insurance Co. Ltd. ......Applicant
Vs.
Ritesh Ashok Thakur & Ors. .....Respondents
WITH
INTERIM APPLICATION NO. 976 OF 2026
IN
FIRST APPEAL ST NO. 850 OF 2026
Ritesh Ashok Thakur …........Applicant
Vs.
Vaishali Sunil Kate & Ors. ......Respondents
WITH
INTERIM APPLICATION NO. 977 OF 2026
IN
FIRST APPEAL ST NO. 2612 OF 2026
Ritesh Ashok Thakur & Ors. .......Applicants
Vs.
Reliance General Insurance Co. Ltd. ......Respondent
2 63-IA-547-2026 (C)
...
Mr. Bhushan Walimbe with Mr. Moin Momin, Advocate for Applicant.
Mr. Aditya Ghadge h/f Mr. Akshay Kulkarni, Advocate for
Respondents/Insurance Company.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 24TH SEPTEMBER, 2026.
ORDER :
INTERIM APPLICATION NO. 547 OF 2026:
. The Applicant seeks condonation of delay in filing First Appeal
(St.) No.2612 of 2026. For the reasons stated in the Application, the
learned counsel appearing for the Respondent-Claimant has no
serious objection to condonation of the delay.
2. The Application is allowed. The delay stands condoned.
INTERIM APPLICATION NO. 977 OF 2026:
. Heard both sides.
2. Learned counsel appearing for the Respondents tenders on
record the reply filed by Respondent No.3-Insurance Company.
3. The Applicant is seeking withdrawal of the amount of
Rs.66,34,120/- deposited by the Respondent-Insurance Company. It
is submitted that the Applicant was 25 years old at the time of the
accident and lost his left leg. Due to the amputation of the leg, he
3 63-IA-547-2026 (C)
has to take assistance of prosthetic limb, which has recurring medical
expenses. It is submitted that, for enhancement of compensation, the
Applicant has preferred a separate Appeal. The defence of the
Insurance Company regarding the fake insurance policy has been
dealt with. Due to the amputation of the leg, the Applicant’s future
life is spoiled and he has lost his irrepealable.
4. Mr. Ghadge, learned counsel appearing for the Respondents,
would rely upon the affidavit-in-reply and submit that the offending
vehicle was not insured with the Respondents. The claim has been
made by the Applicant on the basis of a fake policy. The Respondent-
Company approached the police. The quantum fixed by the Tribunal
is exorbitant and unfounded. The amount awarded towards medical
expenses is perverse.
5. With the assistance of both the learned counsel, I have gone
through the impugned judgment. The plea regarding the fake
insurance policy has already been dealt with by the Tribunal. The
cross-examination of the Legal Manager of the Respondent-Insurance
Company has also been considered by the Tribunal.
6. Prima facie, the findings cannot be faulted with. The
inordinate delay in lodging the complaint regarding the fake policy
4 63-IA-547-2026 (C)
would operate against the Respondents.
7. The amputation of the left leg and the injuries sustained in the
accident cannot be disputed. The Applicant’s disability entails
recurring expenses. He is entitled to receive part of the
compensation, because the Appeals are likely to consume
considerable time, and the other contentious issues can be dealt with
during the course of hearing of the Appeals. I prefer to award an
amount of 60% with accrued interest.
8. The Application is partly allowed, permitting the Applicant to
receive 60% of the amount along with accrued interest upon
furnishing an undertaking to the satisfaction of the Presiding Officer
of the jurisdictional Tribunal. The balance amount shall be invested
in a nationalized bank.
INTERIM APPLICATION NO. 976 OF 2026:
. Issue notice to Respondents, returnable on 22.10.2026.
2. Mr. Aditya Ghadge, waives notice on behalf of Respondent
No.3
[ SHAILESH P. BRAHME J. ]
Suresh
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