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2026 DAILYLAW 5127 (BOM)

RANJANA RAMCHADRA KHANDEKAR AND ORS. v. DIVISIONAL MANAGER SHRIRAM GENERAL INSURANCE COMPANY LIMITED.

IA/1077/2026 · 2026-08-28

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Judgment text

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25-IA-1077-2026 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1077 OF 2026 IN FIRST APPEAL(ST) NO. 32555 OF 2022 Ranjana Ramchadra Khandekar And Ors. ...Applicants Versus Divisional Manager Shriram General Insurance Company Limited. ...Respondent ….. Adv. Santosh D. Bhosale a/w Adv. Amol S. Deshinge, Advocate for Applicants. Adv. Abhang Suryawanshi i/b Adv. Pandit Kasar, Advocate for Respondent. ….. CORAM : SHAILESH P. BRAHME, J. DATE : 28th AUGUST, 2026. P.C. : Heard. 2. The applicant No.4 died and her heirs are already on record in the form of other applicants. The amount be disbursed to applicant Nos. 1, 2, 3 as the respondent No.4 is passed away. 3. By this application, the applicants seek to withdraw amount of Rs.22,59,910/- deposited by the respondent - Insurance Company. It is submitted that deceased Nitin Khandekar was the only earning member in the family, who was well qualified and succumbed to the injuries in ZIP 1 of 3 25-IA-1077-2026 (C).doc the accident. It is submitted that Tribunal has rightly arrived at the quantum. The applicants are in need of the amount due to the precarious condition. 4. The application is contested by the respondent - Insurance company. It is submitted that company has a ray of success in the appeal. The quantum is exorbitant and unreasonable. 5. It is death claim of the deceased, who was the breadwinner and earning member of the family lost the life. It would not be appropriate to permit the applicants to receive entire amount of compensation but the ends of justice would be met in permitting them to receive 70% of the amount. 6. The Application is allowed partly, permitting the applicants to receive 70% of amount in equal proportion with accrued interest on furnishing undertaking to the satisfaction of the Presiding Officer of the jurisdictional Tribunal. The balance amount shall be invested in nationalized bank. FIRST APPEAL(ST) NO. 32555 OF 2022 7. It is reported that respondent No.4 - Kasabai Yashwant Khandekar is passed away and survived by other respondents. Necessary amendment be carried out by either of the parties. 8. Admit. ZIP 2 of 3 25-IA-1077-2026 (C).doc 9. Mr. Suryawanshi, learned counsel waives notice for the respondent. 10. Call for record and proceedings. Printing is dispensed. Party shall be at liberty to file compilation of documents. [ SHAILESH P. BRAHME, J.] ZIP 3 of 3