Ramesh Prakash Repale (Died) Thr Lrs. Prakash Namdev Repale And ANR. v. The Reliance General Insurance Co. Ltd., Thr Its Legal Officer, Aurangabad And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO. 1928 OF 2026 IN FA/29/2022 RAMESH PRAKASH REPALE (DIED) THR LRS. PRAKASH NAMDEV REPALE AND ANR.

VERSUS

THE RELIANCE GENERAL INSURANCE CO. LTD., THR ITS LEGAL OFFICER, AURANGABAD AND ORS.

WITH CIVIL APPLICATION NO. 174 OF 2022 IN FA/29/2022 ...

Advocate for Applicants : Mr. Dattatraya Rambhau Markad. Advocate for Respondent No.1 : Mr. Swapnil S. Patil h/f Mr. Rohit H. Dahat.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 17.04.2026 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to withdraw amount of Rs.13,09,067/- deposited by the respondent/acquiring body for the reasons stated in the application.

3.

It is submitted by learned counsel for the applicant that it's a death claim and parents are seeking withdrawal of amount. The deceased was a student and he died due to accident, albeit after couple of months.

4.

Application is contested by learned counsel Mr. Patil holding for Mr. Dahat appearing for respondent No.1. It is submitted that it's a case of planting of vehicle, belated lodging of FIR and death is suicidal one.

5.

The contentious issues are involved in the matter. The factum of death cannot be ignored. Ends of the justice would be met in permitting the applicant to receive 50% of the amount with accrued interest.

6.

Application is allowed partly permitting the applicants to receive 50% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court and balance amount shall be invested in any nationalized bank.

First Appeal 7.

Admit.

8.

Learned counsel Mr. Markad waives service of notice for respondents/claimants.

9.

Call for Record and Proceedings from the concerned Court.

10.

Parties shall be at liberty to file relevant papers.

Civil Application (Stay) 11.

As the amount has been deposited in pursuance of the earlier order, ad-interim relief granted earlier shall stand confirm.

12.

Civil application is disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-