(1) 62-ca-854-2025-withdrawal.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 854 OF 2025 IN FAST/33110/2024 VARSHA RAVINDRA TRIBHUVAN AND ANR VERSUS PRADIP DEONATH NIKAM AND ORS … Mr. Moisali Amjedali Syed, Advocate for Applicants. Mr. Shrikrishna Ramji Bodade, Advocate for Respondent No.3. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 03rd APRIL, 2025. P.C.:- 1. Heard learned Advocates appearing for respective parties. 2. The applicants/original claimants have filed present application seeking withdrawal of amount as deposited by insurance company in pursuance to award dated 05.03.2024 passed in M.A.C.P. No.226/2019. 3. The Tribunal allowed claim for compensation and passed award for Rs.11,71,240/- alongwith interest in favour of claimants. Aggrieved insurer filed present Appeal mainly on the ground that insured vehicle has been falsely implicated in aforesaid crime with intention to grab compensation. 4. Mr. Bodade, learned Advocate appearing for respondent/insurance company points out that there is inordinate delay of about 14 days in lodging FIR. He submits that initially papers shows that deceased was riding his motorcycle in rash manner, dashed to divider and fell down on the road. Eventually, sustained injuries causing death and there was no involvement of 2025:BHC-AUG:9941 (2) 62-ca-854-2025-withdrawal.odt insured car, which is brought on record by way of belated FIR. He would further point out that no damage to the insured car has been recorded during RTO inspection and even no claim for compensation for damage to vehicle has been lodged to insurance company. 5. The learned Advocate appearing for applicants submits that although initially involvement of vehicle was not shown, during course of investigation same has been revealed. The Investigating Officer is examined before Tribunal and clarified as to involvement of insured vehicle. 6. Having considered submissions advanced and reasons as recorded by Tribunal, prima facie, it can be observed that Tribunal recorded findings relying upon police papers and evidence of Investigating Officer. Since there is delay in lodging FIR and other circumstances creating doubt regarding involvement of vehicle, which requires consideration at the time of final hearing of the Appeal. However, since award is in favour of claimants, they can be conditionally permitted to withdraw some amount, which has been deposited by insurer. Hence, following order: ORDER a. Civil Application is partly allowed. b. The applicant no.1 is permitted to withdraw amount of Rs.3,00,000/- (Rs. Three Lakhs only) from the amount deposited by insurer. The respondent no.4 (mother of deceased) is permitted to withdraw amount of Rs.1,50,000/- (Rs. One Lakh Fifty Thousand only) from the amount deposited by insurer. The withdrawal shall be subject to furnishing of undertaking to the satisfaction of (3) 62-ca-854-2025-withdrawal.odt Registrar (Judicial) of this Court that they shall redeposit amount, if any adverse order is passed in Appeal. c. Rest of the amount be kept in Fixed Deposit till further orders. (S. G. CHAPALGAONKAR) JUDGE Devendra/April-2025