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2026 DAILYLAW 4894 (BOM)

ROHIT ANANDA SHINDE v. ZURICH KOTAK GENERAL INSURANCE COMPANY (INDIA) LTD.

IA/1231/2026 · 2026-08-27

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Judgment text

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79 IA 1231 OF 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION 79 INTERIM APPLICATION NO. 1231 OF 2026 IN FIRST APPEAL NO. 1724 OF 2025 WITH INTERIM APPLICATION NO. 11445 OF 2025 IN FIRST APPEAL NO. 1724 OF 2025 ROHIT ANANDA SHINDE VERSUS ZURICH KOTAK GENERAL INSURANCE COMPANY (INDIA) LTD. ... Advocate for Applicant/Claimant : Mr. Umesh Hanmantrao Pawar Advocate for Respondent/Insurance Company : Mr. Pravin Alawekar ... CORAM : SHAILESH P. BRAHME, J. DATE : 27.08.2026 PER COURT : INTERIM APPLICATION NO. 1231 OF 2026 FOR WITHDRAWAL OF AMOUNT: Heard both sides. 2. The applicant seeks to withdraw an amount of Rs. 19,36,531/-. 3. The counsel for the applicant submits that his client was healthy when meet with an accident. The disability reported by him to the tune of 40%, however, it is recorded to be 36% of functional disability. It is contended that the applicant is in need of money and he substantially lost the job opportunities. 4. Per contra, learned counsel for the Insurance Company submits that the quantum is exorbitant. My attention is adverted to the cross-examination 1/2 79 IA 1231 OF 2026.odt of the applicant to buttress that even after accident education was completed and an exaggerated case has been projected. It is submitted that the doctor has not been examined by the applicant. 5. I have gone through the impugned judgment and award and considered rival submissions of the parties. Considering the overall conspectus of the matter, it would be appropriate to grant Rs. 15,00,000/- to the applicant out of Rs. 19,36,531/-. 6. Interim Application is partly allowed permitting the applicant to receive Rs. 15,00,000/- on furnishing undertaking to the satisfaction of the Presiding Officer of the jurisdictional Tribunal. Balance amount shall be invested in any nationalized bank. 7. Interim Application is disposed of. FIRST APPEAL : 8. Admit. 9. Learned counsel Mr. Pawar waives service for the respondent/claimant. 10. Call for record and proceedings. 11. Print is dispensed with. INTERIM APPLICATION NO. 11445 OF 2025 FOR STAY : 12. As the entire amount has been deposited by the Insurance Company, ad interim relief granted earlier shall stand confirmed. 13. Interim Application is disposed of. ( SHAILESH P. BRAHME, J.) mkd/- 2/2