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2025 DAILYLAW 76312 (BOM)

SUMITRABAI PRABHUBHAI PADVI AND ANR v. Divisional Manager, United India Insurance Company Ltd and ors

CA/11974/2025 · 2025-11-07

Shri Sanjay A Deshmukh

body2025

Judgment text

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(This order is corrected vide speaking to the minutes order dated 22.12.2025) 916-ca-11974-2025(1) -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 11974 OF 2025 IN FAST/14366/2023 Sumitrabai Prabhubhai Padvi And Anr VERSUS Divisional Manager, United India Insurance Company Ltd And Ors ... Mr. P. C. Mayure, Advocate for Applicants Mr. M. R. Deshmukh, Advocate for Respondent no.1 CORAM : SANJAY A. DESHMUKH, J. DATED : 07th NOVEMBER, 2025 PER COURT :- . This is an application for withdrawal of amount under impugned judgment and award deposited by the respondent/ Insurance Company in this Court alongwith interest accrued thereon. 2. Perused the application. Heard the Advocates for both the sides. 3. Learned Advocate for the respondent no.1 strongly objected the application and submitted that the risk of the passenger under policy is not covered. He, therefore, requested to reject the application. 4. On perusal of the impugned judgment and award, and considering the law laid down by the Hon’ble Supreme Court in catena of the judgments, it would be proper to partly allow this application. Hence, following order: 2025:BHC-AUG:36971 (This order is corrected vide speaking to the minutes order dated 22.12.2025) 916-ca-11974-2025(1) -2- ORDER a. Civil Application is partly allowed. b. Applicants are permitted to withdraw the 50 percent amount alongwith interest accrued thereon, deposited by the appellant in this Court. c. Registry is directed to transfer the 50% amount alongwith interest accrued thereon to M.A.C.T. Shahada. d. The learned M.A.C.T. Shahada, district Nandurbar, is directed that, upon an application for such withdrawal, the amount shall be paid to the claimants upon furnishing usual undertaking to the satisfaction of the learned Registrar/Superintendent of the Tribunal. (SANJAY A. DESHMUKH, J.) Rushikesh/2025