Bombay High Court
IA/1796/2026 of MANGAL RAJENDRA PETKAR AND ORS. Vs RELIANCE GENERAL INSURANCE CO.LTD. THR. DIVISIONAL MANAGER on 5 November 2026
COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1796 OF 2026 IN FIRST APPEAL NO. 1380 OF 2025 Mangal Rajendra Petkar And Ors. … Applicants V/s. Reliance General Insurance Co.ltd. Thr. Divisional Manager … Respondent
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1796 OF 2026
IN
FIRST APPEAL NO. 1380 OF 2025
Mangal Rajendra Petkar And Ors.
…
Applicants
V/s.
Reliance General Insurance Co.ltd. Thr.
Divisional Manager
…
Respondent
________________________
Adv. Santosh Kumar Bhosale (through V.C.), for Applicant.
Adv. Aditya Ghadge h/f Adv. Akshay Kulkarni, for Appellant/Insurance Company.
_________________________
CORAM
: SHAILESH P. BRAHME, J.
DATED
: NOVEMBER 05, 2026
P.C.:
INTERIM APPLICATION NO. 1796 OF 2026
IN
1.
By this Application, the Applicants seek to withdraw amount deposited by the respondent Insurance Company.
2.
For the reasons stated in the application, the amount is sought to be withdrawn.
3.
It is contended that the Tribunal has rightly arrived at the quantum. Applicants have placed on record cogent material in support
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of their claim.
4.
The counsel for the respondent-Insurance Company submits that notional income considered by the Tribunal is excessive. The deceased was a bachelor and, therefore, deduction should have been 1/2 instead of 1/3. Interest awarded is excessive.
5.
I have considered the submissions of the parties and also have gone through the impugned judgment. The deceased was pharmacist and the applicants were dependent upon him.
6.
Considering the conspectus of the matter, it would be appropriate to allow the applicant to receive 70% of the amount deposited by respondent-Insurance Company with accrued interest. Hence, I pass the following order :
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ORDER
(i) Interim Application is partly allowed, permitting the applicants to withdraw 70% of deposited amount by respondent-Insurance Company with accrued interest on furnishing undertaking to the satisfaction of jurisdictional Tribunal.
(ii) The Balance amount shall be invested in the Nationalized Bank.
7. Admit.
8. Call for record and proceedings.
9. Print is dispensed with.
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10. Parties shall be at liberty to file private paper book or compilation of relevant documents.
11. The stay granted by this Court on 24th September, 2025 shall continue to operate until the final disposal of the Appeal. (SHAILESH P. BRAHME, J.)
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