Authority: High Court of Judicature at Bombay, Circuit Bench at Kolhapur
Order Date: 29 October 2026
Case Overview
- Parties: Applicant – Shankar Subrav Kamble; Respondents – The Manager, Bajaj Allianz General Insurance Co. Ltd. (Respondent No.1) and another respondent (unnamed).
- Proceedings: Interim Application No. 1773 of 2026 filed in First Appeal No. 1655 of 2025. The claimants seek enhancement of the award originally granted on 06‑11‑2023.
- Background: The original judgment and award dated 06‑11‑2023 was not appealed by the insurance company. A subsequent order dated 22‑04‑2024 by the jurisdictional Commissioner directed the deposit of Rs 2,34,299, which the court described as unsustainable and perverse.
- Observations: The court noted that Respondent No.1 (the insurance company) had not filed any appeal against the 06‑11‑2023 judgment and award. The Commissioner’s order dated 22‑04‑2024 was found to be contrary to law and equity.
- Directions: The interim application is allowed as per prayer clause (a)’. The applicant is entitled to receive the amount of Rs 2,34,299 deposited with the jurisdictional Commissioner, and the accrued interest shall also be disbursed to the applicant. The interim application is hereby disposed of.
Final Outcome
- The High Court permits the release of Rs 2,34,299 along with interest to the applicant, overturning the Commissioner’s earlier order and dismissing the interim application.
Topics: Insurance, Court Order