Bharati Ananda Patil And ORS. v. Reliance General Insurance Co.Ltd.

46 IA 720 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION 46 INTERIM APPLICATION NO. 720 OF 2026 IN FA/1395 OF 2025 WITH INTERIM APPLICATION NO. 10035 OF 2025 IN FA/1395/2025 BHARATI ANANDA PATIL AND ORS.

VERSUS

RELIANCE GENERAL INSURANCE CO.LTD.

...

Advocate for Applicant/Claimant : Mr. Kolekar Ashirwad Prasanna, , Advocate for Respondent No. 1/Appellant : Mr. Aditya Ghadge h/f Mr. Akshay Kulkarni ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 15.06.2026 PER COURT :

INTERIM APPLICATION NO. 720/2026 FOR WITHDRAWAL OF AMOUNT : .

Heard both sides.

2.

The applicant seeks to withdraw an amount of Rs. 1,51,68,962/- deposited by the respondent-Insurance Company. 3.

It is submitted that the applicant is the mother of the deceased, who was serving in Indian Army. At the relevant time he was bachelor. The Tribunal had arrived at just and reasonable conclusion in awarding the compensation. She is entitled to receive entire amount of compensation. 4.

The application is contested by the respondent-Insurance Company. It is submitted that the quantum is vulnerable. An exorbitant amount is fixed by the Tribunal. The income-tax deductions are overlooked. 5.

It appears that deceased was salaried person. There is material on 1/2

46 IA 720 OF 2026.odt record to show his monthly income. He was bachelor and the applicant was only dependent. The applicant is entitled to receive 70% of the amount of compensation deposited by the respondent-Insurance Company, with accrued interest.

6.

Interim Application is allowed partly permitting the applicant to receive 70% of the amount of compensation deposited by the respondentInsurance Company with accrued interest, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. FIRST APPEAL :

7.

Admit.

8.

Learned counsel Mr. Ashirwad Kolekar waives service for the respondent/Claimant.

9.

Call for record and proceedings.

10.

Print is dispensed with.

INTERIM APPLICATION NO. 10035/2025 FOR STAY : 11.

As the entire amount has been deposited in pursuance of the order passed by this Court, ad interim relief granted earlier shall stand confirmed. 12.

Interim application for stay is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 2/2