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2026 DAILYLAW 12144 (BOM)

RELIANCE GENERAL INSURANCE CO. LTD. v. RITESH ASHOK THAKUR AND ORS.

IA/547/2026 · 2026-09-24

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Judgment text

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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