RUPESH MANOHAR PAWAR v. RELIANCE GENERAL INSURANCE CO. LTD.
IA/1340/2026 · 2026-09-09
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8095 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8095 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
32-FA-164-2026 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1340 OF 2026 IN FIRST APPEAL NO. 164 OF 2026 Rupesh Manohar Pawar ...Applicant IN THE MATTER BETWEEN Reliance General Insurance Co. Ltd. ...Org. Appellant Versus Rupesh Manohar Pawar & Ors. ...Respondents ….. Adv. Kuldeep Nikam a/w Adv. Onkar Bajaj, Advocate for Applicant. Adv. Aditya Ghadge h/f Adv. Akshay Kulkarni, Advocate for Respondent No.1- Insurance Company. Adv. D. D. Rananaware, for Respondent No.2. …..
CORAM : SHAILESH P. BRAHME, J.
DATE : 9th SEPTEMBER, 2026.
P.C. : Heard.
2. By this application, the applicant seeks to withdraw an amount of Rs.70,29,998/- deposited by the respondent - Insurance Company.
3. It is submitted by Mr. Nikam, the learned counsel appearing for the applicant that the left leg of the applicant has been amputated causing 80% disability. His entire earning capacity is effected. He has ZIP 1 of 2
32-FA-164-2026 (C).doc responsibility and at the young age he is incapacitated.
4. The application is contested by Advocate Mr. Ghadge, appearing for the respondent-Insurance Company. It is submitted that the quantum is exorbitant and unreasonable. No rationale is applied for awarding Rs.15,00,000/- for future medical expenses and prosthetic leg. The notional income of the applicant is also vulnerable.
5. Both sides have raised contentious issues which are required to be dealt with in the final hearing of the appeal. Undisputedly, left leg from knee of the applicant has been amputated. There is reason to believe that the disability is 80%. The applicant has recurring medical expenses and he is using prosthetic leg. Considering the rival
submissions of the of the parties, I find that the ends of justice would be met in permitting the applicant to receive 60% of the amount with accrued interest. Hence, I pass the following order : ::ORDER:: A. Interim Application is partly allowed, permitting the applicant to receive 60% of amount with accrued interest on furnishing undertaking to the satisfaction of Presiding Officer of the jurisdictional Tribunal. B. Balance amount shall be invested in nationalized bank.
[ SHAILESH P. BRAHME, J.] ZIP 2 of 2