SUNIL JAYANT GAVIT AND ANOTHER v. LEGAL MANAGER TATA AIG GENERAL INSURANCE COMPANY LIMITED
CA/11538/2026 · 2026-10-05
Civil Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 18444 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18444 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
20 CA11538.2026+ -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 11538 OF 2026 IN FA/2603/2026 SUNIL JAYANT GAVIT VERSUS LEGAL MANAGER TATA AIG GENERAL INSURANCE COMPANY LIMITED ….. Advocate for Applicant : Mr. Vikrant Subhash Palsikar Advocate for Respondent No.1 : Mr.Abhijit Choudhari ….. WITH … FIRST APPEAL NO.2603 OF 2026 … CORAM : SACHIN S. DESHMUKH, J. Date : 05.10.2026 PER COURT :-
1. Heard.
C.A. FOR WITHDRAWAL OF AMOUNT
2. The Appellant – Insurance Company has presented the appeal, while raising an objection to the compensation awarded by the tribunal, allowing the claim petition of the applicant. Pursuant to the order of this court, the insurance company has deposited the amount awarded by the tribunal. 2026:BHC-AUG:46816
20 CA11538.2026+ -2-
3. The applicant has presented this application seeking withdrawal of the amount of compensation awarded by the tribunal, which is deposited by the Insurance Company.
4. Considering the facts and circumstances that the entitlement of the applicant is endorsed by the tribunal after considering the rival contentions of the litigating sides and to strike the balance in the competing interest, it will be appropriate to permit the applicant to withdraw the amount.
5. Thus, the application is partly allowed. The applicant is permitted to withdraw 75% of the deposited amount in this court along with accrued interest thereon.
6. The applicants shall furnish usual undertaking that disbursement would remain subject to final outcome of this appeal, to the satisfaction of the Registrar (Judicial) of this court.
7. The balance amount shall be kept in Fixed Deposit of any Nationalized Bank initially for the period of three (03) years, which is to be renewed periodically until further orders of this court.
20 CA11538.2026+ -3- FIRST APPEAL
8. Heard.
9. Admit.
10. Mr. V. S. Palshikar, learned counsel accepts notice on behalf of Respondent No.1.
11. Call R & P.
12. Hearing of the First Appeal is expedited.
(SACHIN S. DESHMUKH, J.) marathe