Authority: High Court of Judicature at Bombay, Circuit Bench at Kolhapur
Order Date: 05 November 2026
Case Overview
- Parties: Applicants – Mangal Rajendra Petkar and others; Respondent – Reliance General Insurance Co. Ltd (through its Divisional Manager).
- Proceedings: Interim Application No. 1796 of 2026 filed in First Appeal No. 1380 of 2025.
- Applicants' claim: Seek withdrawal of the amount deposited by the insurance company, asserting that the Tribunal correctly determined the quantum and that they have substantive material supporting their claim.
- Respondent's contention: The notional income calculated by the Tribunal is excessive; since the deceased was a bachelor, deduction should be 1/2 rather than 1/3; the interest awarded is excessive.
- Court's observations: The deceased was a pharmacist and the applicants were dependent upon him. The Court reviewed the submissions of both parties and the impugned judgment.
- Additional procedural note: The stay order granted by this Court on 24 September 2025 continues to operate until the final disposal of the appeal.
Final Outcome
- The Interim Application is partly allowed. The applicants may withdraw 70% of the amount deposited by Reliance General Insurance Co. Ltd, together with accrued interest, upon furnishing an undertaking satisfactory to the jurisdictional Tribunal.
- The remaining balance of the deposited amount shall be invested in a Nationalized Bank.
- The stay granted on 24 September 2025 remains in effect pending final disposal of the appeal.
Topics: Insurance, Court Order