Authority: High Court of Judicature at Bombay, Circuit Bench at Kolhapur
Order Date: 27 October 2026
Case Overview
- Applicants: Sulabha Vikas Kumbhar and others (respondents) seeking withdrawal of Rs.35,06,793 deposited by the appellant, National Insurance Co. Ltd (appellant).
- The matter arises from a death claim where the breadwinner of the applicants' family died in an accident; no compensation has been disbursed yet.
- Applicants argued urgent financial need; the insurer opposed, stating that the full amount represents an "exorbitant quantum of compensation" and disbursement could hinder recovery if the appeal succeeds.
- Counsel for applicants: Moin Momin, Varsha Kale, Bhushan Walimbe; counsel for insurer: Ashirwad Kolekar, Prasanna Kolekar.
- The application was heard before Justice Shailesh P. Brahme.
Final Outcome
- The court allowed the interim application in part, directing that the applicants may receive 60% of the deposited amount (approximately Rs.21,04,076) together with accrued interest, upon furnishing an undertaking satisfactory to the presiding officer of the jurisdictional tribunal.
- The remaining 40% of the amount shall be invested in a nationalized bank.
- Procedural orders: notice waived by counsel Moin Momin, record and proceedings called for, print dispensed with, parties may file compilation of documents or private paper‑book.
Topics: Insurance Claim, Court Order