45-IA-504-2026=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 504 OF 2026 (For withdrawal of amount) IN FIRST APPEAL (STAMP) NO. 3158 OF 2025 Smt. Sarika Mahantesh Nadoni And Ors. … Applicants Vs. Shriram General Insurance Co. Ltd. … Respondent WITH INTERIM APPLICATION NO. 6649 OF 2025 (Delay) IN FIRST APPEAL (STAMP) NO. 3158 OF 2025 WITH FIRST APPEAL (STAMP) NO. 3158 OF 2025 Shriram General Insurance Co. Ltd. … Applicant Vs. Smt. Sarika Mahantesh Nadoni And Ors. … Respondents …………. Mr. Manoj Kumar Sable a/w Budhbhushan Rajratna for the Applicants Mr. Avesh A. Ghadge i/b S.H. Pathak for the Respondent – Insurance company. …………. CORAM : SHAILESH P. BRAHME, J. DATE : 10th SEPTEMBER, 2026. P. C. : I. A. NO. 504 OF 2026 . Heard. 2. The applicant seeks to withdraw the amount of Rs.27,89,200/- Uday S. Jagtap 1 of 3 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.09.11 18:44:03 +0530 45-IA-504-2026=.doc deposited by the respondent – Insurance company. 3. It is clarified by learned counsel appearing for the applicants that original applicant – Shekhar Nilappa Nadoni, who was father of the deceased is passed away and hence not impleaded. It is submitted that the earning member of the family lost life and the family is in dire necessity of monetary help. 4. For the reasons stated in the application, the applicants are praying for withdrawal of the amount. 5. Learned counsel for the respondent – Insurance company would submit that it is a case of contributory negligence. The insurer of the two wheeler has not been impleaded. It is a case of false accident or implanting of the vehicle. The notional income has been considered arbitrarily, which has enhanced the quantum exorbitantly. 6. The applicants are the dependent upon the deceased. The necessity expressed in the application cannot be discarded. The applicants are entitled to receive the amount but simultaneously the equities need to be balanced. Considering over all prospects of the matter, ends of justice would be met in permitting the applicants to receive 60% of the amount with accrued interest. 7. The applicants are permitted to receive 60% of the amount with Uday S. Jagtap 2 of 3 45-IA-504-2026=.doc accrued interest on furnishing undertaking to the satisfaction of the Presiding Officer of jurisdictional Tribunal. The balance amount shall be invested in the nationalized bank. I.A. NO. 6649 OF 2025 8. The applicant seeks to condone the delay of 21 days in preferring the appeal. 9. For the reasons stated in the application, the application is allowed and delay stands condoned. FIRST APPEAL (ST) NO. 3158 OF 2025 10. Admit. 11. Mr. Sable, learned counsel waives notice for the respondents. 12. Call for record and proceedings. 13. Print is dispensed with. 14. The parties shall be at liberty to file compilation of documents or private paper book. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 3 of 3