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2026 DAILYLAW 11158 (BOM)

AMOL RAMRAO NELWADE THROUGH NEXT FRIEND DATTATRAY RAMRAO NELWADE v. HDFC ERGO GENERAL INSURANCE CO LTD

CA/6260/2026 · 2026-09-21

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Judgment text

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26 CA No.6260.2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6260 OF 2026 IN FA/1287/2026 AMOL RAMRAO NELWADE THROUGH NEXT FRIEND DATTATRAY RAMRAO NELWADE VERSUS HDFC ERGO GENERAL INSURANCE CO LTD *** Advocate for Applicant : Mr. Manoj D. Shinde Advocate for Respondent No. 1 : Mr. M. R. Deshmukh *** CORAM : SACHIN S. DESHMUKH, J. Date : 21st September, 2026 PER COURT :- 1. This application is presented by the applicant, through the Next Friend, seeking withdrawal of the compensation amount awarded by the Tribunal and deposited before this Court by the Insurance Company. 2. Having considered the facts and circumstances and the rival contentions of the parties, this Court deems it appropriate to strike a balance between competing interests and permit the withdrawal of the deposited amount. 3. Accordingly, the application is partly allowed on the following terms : 2026:BHC-AUG:42803 26 CA No.6260.2026 -2- (a) The Next Friend of the applicant is permitted to withdraw 50% of the deposited amount, along with accrued interest, subject to filing undertaking that the disbursement shall remain subject to the final outcome of this appeal. (b) Apart from above, the Next Friend is permitted to withdraw an additional 25% of the deposited amount, along with accrued interest, subject to furnishing a solvent surety to the satisfaction of the Registrar (Judicial) of this Court. (c) The remaining amount shall be invested in a Fixed Deposit with any Nationalised Bank initially for a period of three (03) years, which shall be renewed periodically until further orders of this Court. (SACHIN S. DESHMUKH, J.) Omkar Joshi