ca8580.26 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 951 CIVIL APPLICATION NO. 8580 OF 2026 WITH CIVIL APPLICATION NO. 5493 OF 2026 IN FA/2119/2026 Amit Rajabhau Pandit VERSUS Vishal Bhikaji Shinde ... Advocate for Applicant : Mr. Pramod C. Mayure Advocate for Respondents : Mr. Manoj D Shinde ….. CORAM : SANJAY A. DESHMUKH, J. DATED : 6th AUGUST, 2026 PER COURT :- 1 Heard the learned counsel for the parties. Perused the applications. Application for stay: 2 This is an application seeking stay to the execution of the impugned judgment and award. 3 The learned counsel for the applicant submits that the entire amount as per the impugned judgment and award is deposited in this Court. 4 In view of the above, there shall be stay to the impugned judgment and award till the pendency of the appeal. The application stands disposed of. ca8580.26 -2- Application for withdrawal of amount: 5 This application is filed for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award. 6 The learned counsel for the appellant strongly opposed the application and submitted that the insurance policy does not cover the risk of the applicants. 7 On the contrary, the learned counsel for the applicant pointed out the authority of Sunita and Ors. Vs. United India Insurance Co. Ltd. and Ors, AIROnline 2025 SC 601, in which it is held that the insurance company can pay and recover it. 8 Considering the peculiar facts and circumstances of the present case, and since the occurrence of the accident is proved and the issue of liability can be decided on merits, it would be proper to partly allow this application in the interest of justice. 9 For the reasons stated in the application and considering the arguments of both the sides, the following order is passed :- O R D E R I. The applicant is permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this Court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining ca8580.26 -3- amount be kept in fixed deposit in any nationalized bank till disposal of the appeal. II. The civil application for withdrawal of amount stands disposed of accordingly. (SANJAY A. DESHMUKH, J.) rlj/