The Manager United India Insurance Co. Ltd Thr Branch Manager v. Vimal Lahurao Devkate And ORS
2025:BHC-AUG:28062 1 25-CA 11039-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 11039 OF 2025 IN FAST/18777/2025 Vimal W/o Lahurao Devakate .. Applicant
Versus
Ram Raghunath Kotkar and others .. Respondents Mr. Sushant Choudhari, Advocate for the Applicant. Mr. Suraj R. Bagal, Advocate for Respondent No. 3. Mr. Ranjit D. Gaikwad, Advocate for Respondent. WITH CIVIL APPLICATION NO. 7004 OF 2025 IN FAST/18777/2025 The Manager United India Insurance Co. Ltd.
Through Branch Manager .. Applicant
Versus
Vimal Lahurao Devakate and others .. Respondents Mr. Suraj R. Bagal, Advocate for the Applicant. Mr. Sushant Choudhari, Advocate for Respondent Nos. 1 to 3. Mr. Ranjit D. Gaikwad, Advocate for Respondent No. 6. WITH CIVIL APPLICATION NO. 7005 OF 2025 IN FAST/18777/2025 The Manager United India Insurance Co. Ltd.
Through Branch Manager .. Applicant
Versus
2 25-CA 11039-2025.odt Vimal Lahurao Devakate and others .. Respondents Mr. Suraj R. Bagal, Advocate for the Applicant. Mr. Sushant Choudhari, Advocate for Respondent Nos. 1 to 3. Mr. Ranjit D. Gaikwad, Advocate for Respondent No. 6. CORAM : KISHORE C. SANT, J.
DATE : 06th OCTOBER, 2025.
PER COURT :- CIVIL APPLICATION NO. 11039 OF 2025 :
Heard the parties for some time.
2.
This application is for withdrawal of the amount deposited by the appellant - insurance company in the office of this Court. 3.
The learned advocate Mr. Bagal for respondent vehemently opposes the application. He submits that, the substantial grounds are involved in the appeal. It is the case of the appellant - insurance company that, it happen to be a insurer of one vehicle involved in the accident i.e. Tractor. The deceased was travelling in another vehicle that was Mahindra Pickup Jeep. Because of the mistake of driver of the Jeep the accident took place. The entire liability of the compensation thus should have been fastened upon the insurance company of the Jeep. The learned Trial Judge has
3 25-CA 11039-2025.odt wrongly fastened the liability entirely upon the appellant company. In any case, he submits that, the liability of the present insurance company would be only to the extent of 50%. 4.
Considering that the entitlement of the claimant is not seriously disputed, this Court is, therefore, passing the following order :
ORDER
(I) The claimants/applicants are entitled to withdraw 50% of the amount alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining 25% of the amount be kept in a fixed deposit in any Nationalized Bank till disposal of the appeal.
(II) With this, the civil application stands disposed of. CIVIL APPLICATION NO. 7005 OF 2025 :
Since the amount is already deposited by the appellant in appeal in the office of this Court pursuant to impugned judgment and award, there shall be stay to the impugned judgment and
4 25-CA 11039-2025.odt award till disposal of the appeal.
2.
The civil application stands disposed of.
CIVIL APPLICATION NO. 7004 OF 2025 :
Heard learned advocates for the parties.
2.
None appears for respondent Nos. 4, 5 and 7 in spite of service.
3.
This application is for condonation of delay of five days caused in filing the first appeal.
4.
Considering the above, delay stands condoned. The civil application is allowed and disposed of accordingly. ( KISHORE C. SANT, J. ) P.S.B.