LATA SANJAY SWAMI. v. THE BRANCH MANAGER, HDFC-IRGO GENERAL INSURANCE CO. LTD. AND ORS.
CA/7037/2026 · 2026-08-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3476 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3476 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
36 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 36 CIVIL APPLICATION NO. 7037 OF 2026 IN FA/1866/2026 LATA SANJAY SWAMI. VERSUS THE BRANCH MANAGER, HDFC-IRGO GENERAL INSURANCE CO.
LTD. AND ORS. ... Advocate for Applicant : Mr. Swapnil S. Rathi Advocate for Respondent No.1 : Mr. M. R. Deshmukh ...
CORAM : SACHIN S. DESHMUKH, J. Date : 21.08.2026 PER COURT :-
1. Heard learned counsel for the parties.
2. The Appellant – Insurance Company has presented the appeal, while raising an objection to the compensation awarded by the tribunal, partly 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.
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. 2026:BHC-AUG:38008
36 -2-
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, also, 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 applicant shall furnish usual undertaking that disbursement would remain subject to final outcome of this appeal.
7. The balance amount shall be kept in Fixed Deposit of a Nationalized Bank initially for the period of three (03) years, which is to be renewed periodically until further orders of this court.
(SACHIN S. DESHMUKH, J.) marathe