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2026 DAILYLAW 20302 (BOM)

VAISHALI SUDHAKAR MORE AND ORS. v. THE NEW INDIA ASSURANCE CO. LTD. THR. DIVISIONAL MANAGER

IA/1630/2026 · 2026-10-15

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Judgment text

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1 67-IA-1630-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1630 OF 2026 IN FIRST APPEAL (STAMP) NO. 978 OF 2026 Vaishali Sudhakar More and others .. Applicants Versus The New India Assurance Co. Ltd. Through Divisional Manager .. Respondent Shri Santosh Dattatray Bhosale, Advocate a/w Shri Amol S. Deshinge, Advocate for the Applicants. Shri P. D. Alwekar, Advocate a/w Shri A. S. Jambilkar, Advocate for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J. DATE : 15TH OCTOBER, 2026. FINAL ORDER : . Heard both sides. 2. Applicants seek to withdraw an amount of Rs. 80,12,103/- deposited by the respondent No. 1 – Insurance company. 3. For the reasons stated in the application the amount is sought to be withdrawan. It is the case of death and the quantum is just and proper. 4. The application is opposed on the ground that the claim is 2026:BHC-KOL:10074 2 67-IA-1630-2026 totally unfounded. The monthly income of the deceased is vulnerable. The Tribunal awarded exorbitant compensation. The entitlement of claimants is also disputed. 5. It is a case of death claim. Prima facie, applicants are said to be dependents upon the deceased. Considering overall conspectus of the matter, it would be appropriate to permit the applicants to withdraw 70% of the amount deposited with accrued interest. 6. Interim application is partly allowed permitting the applicants to receive 70% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the jurisdictional tribunal. Balance amount shall be invested in any nationalized bank. Interim application stands disposed of. [ SHAILESH P. BRAHME J. ] bsb/Oct. 26