Bhaskar Ganpat Chate v. Tata Aig General Insurance Co Through Its Manager And ORS
913 CA NO. 5003 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 5003 OF 2025 IN FA/760/2023 Bhaskar Ganpat Chate
VERSUS
Tata Aig General Insurance Co Through Its Manager And Ors ...
Mr. Telgaonkar Nitin Uttamrao, Advocate for Applicant Mr. Rohit. H. Dalat, Advocate for Respondent WITH CIVIL APPLICATION NO. 1399 OF 2023 IN FA/760/2023 Tata Aig General Insurance Company Ltd
VERSUS
Bhaskar Ganpat Chate ...
Mr. Dahat Rohit H., Advocate for Applicant Mr. N. U. Talegaonkar, Advocate Respondent CORAM : SANJAY A. DESHMUKH, J.
DATE : 25.11.2025 PER COURT :- APPLICATION FOR STAY 1.
This is an application seeking stay to the execution of the impugned judgment and award.
2.
The learned advocate for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.
(( 2 )) 913 CA NO. 5003 OF 2025 3.
In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.
APPLICATION FOR WITHDRAWAL OF AMOUNT 1.
This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. 2.
Heard the learned advocates for both sides.
3.
Learned advocate for the applicant submitted that earlier 50% of the compensation amount was withdrawn by the claimants. He now prays for withdrawal of the remaining amount of compensation deposited in this Court.
4.
Learned advocate for the respondent-Insurance Company strongly opposed the application on the ground that the cover note of the offending vehicle was not issued at the time of the accident. However, learned advocate for the claimant pointed out paragraph No.20 of the impugned judgment of the learned Tribunal, which clarifies that the cover note was in fact issued by the Insurance Company.
(( 3 )) 913 CA NO. 5003 OF 2025 5.
Perused the application. For the reasons stated therein and apart from the merits of the case, this Court is of the view that the present application deserves to be partly allowed in the interest of justice. Hence, the following order:
::ORDER::
a.
The application is partly allowed.
b.
The applicant is permitted to withdraw 25% of the amount with accrued interest thereon deposited in this Court on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.
[ SANJAY A. DESHMUKH, J. ] HRJadhav