Bombay High Court

IA/1629/2026 of SANTOSH HARI KHARAT AND ORS. Vs ROYAL SUNDARAM GENERAL INSURANCE CP. LTD. THE DIVISIONAL MANAGER on 15 October 2026

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1629 OF 2026 IN FIRST APPEAL (STAMP) NO. 332 OF 2026 Santosh Hari Kharat and another .. Applicants Versus Royal Sundaram General Insurance Co. Ltd. The Divisional

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 1629 OF 2026

IN

FIRST APPEAL (STAMP) NO. 332 OF 2026

Santosh Hari Kharat and another

.. Applicants

Versus

Royal Sundaram General Insurance

Co. Ltd. The Divisional Manager

and another

.. Respondents

Shri Santosh Dattatray Bhosale, Advocate for the Applicants.

Shri P. D. Alvekar, Advocate for the Respondent No. 1.

CORAM : SHAILESH P. BRAHME, J.

DATE : 15TH OCTOBER, 2026.

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FINAL ORDER :

. The applicants are seeking withdrawal of amount of Rs. 21,48,816/- deposited by the respondent No. 1 – insurance company.

2. Applicants’ son succumbed to the injuries in the accident and the vehicle was insured with the respondent No. 1. The deceased is stated to have been engaged as a driver by the respondent No. 2 – owner. It is submitted that the Insurance Company did not lead any evidence before the Commissioner. Considering the dire necessity expressed in the application, the applicants pray for disbursement of the amount. 2026:BHC-KOL:10068

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3. The learned counsel for the respondent No. 1 – Insurance company would submit that the claimants and the owner of the vehicle are in collusion. The claim set out before the Commissioner is not entertainable. The insurance company is not liable to pay anything.

4. The contentious issues can be dealt with at the time of hearing of the first appeal. The death of the son of the applicants in an accident cannot be disputed. The respondent No. 1 – Insurance company did not lead any evidence. The ends of justice would be met by permitting the applicants to receive 70% of the amount deposited with accrued interest.

5. Interim application is allowed permitting the applicants to receive 70% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the jurisdictional Commissioner. The balance amount shall be invested in any nationalized bank. Interim application stands disposed of. [ SHAILESH P. BRAHME J. ]

bsb/Oct. 26

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