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2026 DAILYLAW 12961 (BOM)

RELIANCE GENERAL INSURANCE CO. LTD., THR. ITS BRANCH MANAGER, NAGPUR v. PAYAL AMOL LAKHANDE AND OTHERS

CAF/3602/2026 · 2026-09-30

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Judgment text

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1 49 FA 821.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3602 OF 2026 IN FIRST APPEAL NO.821 OF 2026 [Reliance General Insurance Company Limited .vs. Payal Amol Lokhande and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Kukday, Advocate for Appellant. Mr. Y.S. Sodhi, Advocate for Respondent Nos.1 to 3. ………… CORAM : PRAVIN S. PATIL, J. DATE : 30-09-2026. 1. It is pointed out that this court by order dated 06.05.2026 directed the respondent-claimant nos.1 to 4 to withdraw 50% of their respective shares in the compensation amount on furnishing usual undertaking and 25% of their respective shares in the compensation amount on furnishing surety along with accrued interest. 2. The respondents-claimants stated that in the impugned judgment of the MACT, Yavatmal, the learned Tribunal in the operative part of the order particularly Clause-7 has directed that the amount to be kept in a fixed deposit in Monthly Returns Scheme (MIS) of Indian Post and, therefore, they are not in a position to withdraw the said amount though directed by this court in the matter and, therefore, seeks modification to the order passed by the learned Tribunal dated 06.03.2024. 2026:BHC-NAG:13004 2 49 FA 821.26.odt 3. In the present case, it is pointed out that the claimants are already attended the age of majority and are in dire need of compensation amount for their survival. In view of this, Condition No.7 stipulated in the impugned judgment and order of the MACT, Yavatmal is hereby relaxed to the extent that the directions of the Claim Tribunal to fix the amount in a Monthly Returns Scheme (MIS) of Indian Post. Consequently, claimants are permitted to withdraw all compensation amount as directed by this court, vide order dated 06.05.2026. 4. It is also pointed out that during the pendency of the present appeal, respondent no. 4 is reported to be expired and, therefore, the amount which comes in the share of the respondent no.4 shall be distributed equally in between the respondent nos.1, 2 and 3. The order dated 06.03.2024 passed by the MACT, Yavatmal is accordingly modified to that extent. 5. The application stands disposed of. (PRAVIN S. PATIL, J.) Gulande Signed by: A.S. GULANDE Designation: Senior Pvt. Secretary Date: 30/09/2026 19:43:37