Reliance General Insurance Co.Ltd. vs Smt.Anupa Murli Yadav and Ors. — Bombay HC (2025) — LawSathi Research

Reliance General Insurance Co.Ltd. vs Smt.Anupa Murli Yadav and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim application allowed: execution of the impugned Award stayed subject to deposit of the decretal amount with interest within four weeks before the Motor Accident Claims Tribunal - Mumbai; Claimants permitted to withdraw 50% of the deposited amount with corresponding interest on furnishing usual undertaking, distribution as per the Award; Appellant to inform the Executing Court of the order. The First Appeal itself (quantum/'Act Policy' contention) remains pending, notice returnable 11 November 2025.

Issue for consideration

Whether the quantum of compensation awarded by the Motor Accident Claims Tribunal is excessive, this being the stated ground of the First Appeal. +1 more

Ratio / Principle

Execution of the impugned Award is stayed, subject to the Appellant depositing the decretal amount along with the interest within four weeks before the Motor Accident Claims Tribunal - Mumbai.

Key takeaways

The Claimants (Respondents) are permitted to withdraw 50% of the deposited amount along with the corresponding interest, upon furnishing an usual undertaking.ratio¶28
The amount is to be distributed as per the Award.ratio¶29
Notice has been issued to the Respondents, returnable on 11th November 2025.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court (S. M. Modak, J.; order dated 10 October 2025) - Interim Application (L) No. 32611 of 2025 in First Appeal (ST) No. 32610 of 2025. Reliance General Insurance Co. Ltd. (Appellant/Applicant) has appealed against an Award of the Motor Accident Claims Tribunal - Mumbai solely on the grounds of 'quantum of compensation'; the award required the Appellant and the insured to pay Rs. 26,95,200/- with interest towards a death claim, and serving officials were about to execute the attachment warrant. The Appellant contended that the policy was an 'Act Policy' and compensation had to be within policy limits. The Court took the matter on board by praecipe, issued notice to the Respondents (Anupa Murli Yadav and Ors., represented by Ms. Nidhi Shah; advocate for Claimants having filed Vakalatnama) returnable on 11 November 2025, stayed execution of the impugned Award subject to deposit of the decretal amount with interest within four weeks before the Tribunal, permitted the Claimants to withdraw 50% of the deposited amount with corresponding interest on furnishing usual undertaking, ordered distribution as per the Award, and directed the Appellant to inform the Executing Court of the order. The quantum/'Act Policy' issue was left open; the appeal was not finally decided.

P-1-IA(L)-32611-2025-IN-FA(ST)-32610-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

Digitally signed by SATISH RAMCHANDRA SATISH SANGAR RAMCHANDRA SANGAR Date: 2025.10.14 11:20:57 +0530

INTERIM APPLICATION (L) NO.32611 OF 2025 WITH

FIRST APPEAL (ST) NO.32610 OF 2025

Reliance General Insurance Co. Ltd. ...Applicant

In the matter between :-

Reliance General Insurance Co. Ltd. ...Appellant

V/s.

Anupa Murli Yadav and Ors.

...Respondents

*****

Ms.Kalpana Trivedi:-	Advocate for Applicant/Appellant.
Ms.Nidhi Shah:-	Advocate for Respondent Nos.1 to 3.

*****

CORAM : S. M. MODAK, J. DATE : 10^th OCTOBER 2025

P. C. :-

Heard both the sides.

The Appeal is on the grounds of ‘quantum of compensation’.

This matter is taken on board by way of praecipe in view of the urgency. The urgency is the serving officials are going to execute the attachment warrant. The Appellant Insurance Company and the insured were directed to pay a sum of Rs.26,95,200/- (Rupees Twenty Six Lakh Ninety Five Thousand Two Hundred) along with the interest

Satish Sangar

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P-1-IA(L)-32611-2025-IN-FA(ST)-32610-2025.doc

towards the death claim. The submission is the policy was ‘Act Policy’ and the compensation has to be awarded within the limits of the policy.

Issue notice to the Respondents returnable on 11^th November 2025 . Learned Advocate for the Claimants has already filed Vakalatnama.

INTERIM APPLICATION (L) NO.32611 OF 2025

Stay be granted to the execution of the impugned Award subject to deposit of the decretal amount along with the interest within four (4) weeks before the Motor Accident Claims Tribunal – Mumbai. Let .

the Appellant inform the Executing Court about passing of this order The submission is the amount is already deposited.

So also the Claimants are permitted to withdraw 50% of the deposited amount along with the corresponding interest on furnishing .

an usual undertaking . The amount be distributed as per the Award

[S. M. MODAK, J.]

Satish Sangar

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