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2026 DAILYLAW 13628 (BOM)

AUDREY DINIZ v. ICICI LOMBARD GENERAL INSURANCE CO. LTD. THR LEGAL OFFICER NANDITHA PILLAI AND 2 ORS

MCA/610/2026 · 2026-10-03

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

(3) MCA 610.2026 3rd October, 2026 Sonam IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 610 OF 2026 IN FIRST APPEAL NO. 1518 OF 2026 (F) AUDREY DINIZ … Applicant Versus ICICI LOMBARD GENERAL INSURANCE CO. LTD. THR. LEGAL OFFICER NANDITHA PILLAI AND 4 ORS. …Respondents Mr. Antonio Godinho with Mr. K. Dessai, Advocates for the Applicant. Ms. Gauri Borkar (through V.C.), Advocate for the Respondent No. 1. CORAM : VALMIKI MENEZES, J. DATED : 3RD OCTOBER, 2026 P.C.: 1. Registry to waive office objections in Miscellaneous Civil Application No. 2558 of 2026 and register the matter. 2. This is an application seeking release/withdrawal of the entire deposited awarded amount of Rs. 58,19,212/-. The main 2026:BHC-GOA:1965 (3) MCA 610.2026 3rd October, 2026 ground seeking withdrawal of the amount is the need of the claimant, who has stated that apart from her father, her spouse also passed away and since she suffers from 30% disability in movement owing to the injury sustained to her left leg, she is unable to look after herself. 3. After considering the record of the Motor Accident Claims Tribunal (MACT), South Goa at Margao, and the grounds taken up in the Appeal, I am of the opinion that, for the time being, release of approximately 50% of the awarded amount would suffice. This opinion is based upon the fact that the Appellant has raised the ground with the MACT, South Goa at Margao has committed an error in considering the entire quantum of income returned instead of deducting their income from the Fixed Deposit and other investments and considering only the professional income of the claimant. This ground has to be considered during the hearing of the Appeal. Consequently, I therefore proceed to pass the following order. The application is partly allowed. The Applicant would be (3) MCA 610.2026 3rd October, 2026 entitled to release the amount of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) from the deposited awarded amount. On the Applicant furnishing the undertaking in the usual form within a week from today, the Registry of this Court shall transfer the amount of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) from the deposited awarded amount to the account of the Applicant, details of which are given below: CUSTOMER NAME: AUDREY DINIZ BANK NAME: INDIAN OVERSEAS BANK BRANCH: GOGAL, SALCETE ACCOUNT NO. 370701000000072 IFSC CODE: 10BA0003147 The details of the account are furnished by the Applicant, who is present in person in the Court. 4. The transfer shall be effected within a week from the undertaking being furnished. It is made clear that release of this (3) MCA 610.2026 3rd October, 2026 amount would not preclude the Applicant from filing further application seeking release of further amounts based on the medical needs, findings of which are given by the MACT, South Goa at Margao in para No. 29 of its Judgment dated 11.12.2025. 5. The Miscellaneous Civil Application stands disposed of. VALMIKI MENEZES, J.