DINKAR BHAUSAHEB GANGADHAR v. BRANCH MANAGER SBI BANK BRANCH PAITHAN AND ANOTHER
WP/5369/2020 · 2026-09-28
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13668 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13668 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 23 WRIT PETITION NO. 5369 OF 2020 DINKAR BHAUSAHEB GANGADHAR VERSUS BRANCH MANAGER SBI BANK BRANCH PAITHAN AND ANOTHER ... Mr. M.D. Shinde, Advocate for petitioner Mr. A.V. Rakh, Advocate for respondent No.1 Mr. N.S. Shah, Advocate h/f Mr. R.H. Dahat, Advocate for respondent No.2 ...
CORAM :
ROHIT W. JOSHI, J.
DATE :
28th SEPTEMBER, 2026
ORDER : . Present petitioner is brother of late Shakuntala Dinesh Gore, who expired on 21.05.2016. Shakuntala had taken an insurance policy for a sum assured of Rs.20,00,000/- in case of accidental death. It is the case of petitioner that Shakuntala had met with an accident at residential house on 20.05.2016, as a consequence of which she expired on 21.05.2016. The petitioner lodged claim with respondent / insurance company for the first time on 29.10.2018. The claim was repudiated on 05.05.2019. In this backdrop of facts the petitioner approached the Permanent Lok Adalat at 2026:BHC-AUG:45524
2 23_WP_5369_2020 Aurangabad vide Pre-litigation Application Dispute No.27/2019, which is rejected vide order dated 04.07.2019. The learned Members of the Lok Adalat have recorded that there was no possibility of amicable settlement in the matter and the case of accidental death set out by the petitioner appears to be suspicious. In view of the above, the application was disposed of with liberty to the petitioner to seek redress before appropriate Forum. The said
order dated 04.07.2019 is subject-matter of challenge in the present petition. Perusal of the order will demonstrate that the alleged incident is dated 20.05.2016 and the petitioner’s sister died on 21.05.2016. She was hospitalized at Government Hospital and Training Institute, Aurangabad on
20.05.2016. The treatment papers were not produced on record before Lok Adalat. The hospital also did not register MLC and also did not refer the matter to the Police Station. Except a spot panchnama prepared by Police Patil on 21.05.2026 and death certificate no document was placed on record to support the theory of accidental death. Members of the Lok Adalat have recorded that the jurisdiction under the Legal Services Authorities Act is summary in nature and as such the contention regarding accidental death could not be accepted. It is not in dispute that policy of insurance covered only claim on account of accidental death. Having regard to the reasons recorded in the impugned order, in the considered opinion of this Court, no case for interference is made out. There is hardly any material to infer that
3 23_WP_5369_2020 the sister of petitioner died due to accident. There is delay of over two years for lodging claim. The claim is not supported by the cogent documentary evidence. Rather treatment papers of the hospital, where the deceased was admitted, are not produced on record. Writ Petition is therefore dismissed.
( ROHIT W. JOSHI, J. ) agd