Mithun so Machindra Salunke v. Prakash so Ramji Inkar
CA/9183/2026 · 2026-08-31
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5565 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5565 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
36 CA No.9183.2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9183 OF 2026 IN FA/1621/2026 MITHUN SO MACHINDRA SALUNKE VERSUS PRAKASH SO RAMJI INKAR *** Advocate for Applicant : Mr. G. P. Ghule Advocate for Respondent No. 2 : Mr. Aniruddha S Usmanpurkar *** WITH FIRST APPEAL NO. 1621 OF 2026 UNIVERSAL SHAMPO GENERAL INSURANCE CO LTD VERSUS MITHUN S/O MACHINDRA SALUNKE *** Advocate for Appellant : Mr. Aniruddha S. Usmanpurkar Advocate for Respondents : Mr. G. P. Ghule WITH CIVIL APPLICATION NO. 6334 OF 2026 IN FA/1621/2026 UNIVERSAL SHAMPO GENERAL INSURANCE CO LTD VERSUS MITHUN S/O MACHINDRA SALUNKE *** Advocate for Appellant : Mr. Aniruddha S. Usmanpurkar Advocate for Respondents : Mr. G. P. Ghule *** CORAM : SACHIN S. DESHMUKH, J. Date : 31st August, 2026 PER COURT :- Civil Application No. 9183 of 2026 2026:BHC-AUG:39408
36 CA No.9183.2026 -2-
1. 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 applicants.
2. The applicants have presented this application seeking withdrawal of the amount of compensation awarded by the tribunal, which is deposited by the Insurance Company.
3. Considering the facts and circumstances that the entitlement of the applicants 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 applicants to withdraw the amount.
4. Thus, the application is partly allowed.
5. The applicants are permitted to withdraw 75% of the deposited amount in this court, alongwith interest accrued thereon.
6. The applicants shall furnish an undertaking that disbursement would remain subject to final outcome of this appeal.
36 CA No.9183.2026 -3-
7. The balance amount shall be kept in Fixed Deposit of any Nationalized Bank initially for the period of three (03) years, the same shall be renewed periodically until further orders of this court. First Appeal No. 1621 OF 2026
1. Heard.
2. Admit.
3. Call Record and Proceedings.
4. Mr. G. P. Ghule waives service on behalf of respective respondent.
5. Hearing expedited.
(SACHIN S. DESHMUKH, J.) Omkar Joshi