New India Assurance Co Ltd Through Its Manager v. Shobha Somnath Lad And Others

2025:BHC-AUG:37319 ca14102.25 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 14102 OF 2025 WITH CIVIL APPLICATION NO. 8345 OF 2025 IN FA/2019/2025 Shobha Somnath Lad

VERSUS

New India Assurance Co Ltd Aurangabad ...

Advocate for Applicant : Mr. Rajendra D Sanap, Advocate for Respondent No.1 : Mr. S.S.Rathi .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 23rd DECEMBER 2025 PER COURT :- 1.

This civil application No.14102 of2025 if filed seeking withdrawal of the amount. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent strongly opposed the application and submitted that the tractor was insured and the trolley was not insured. The tractor was insured and used for agricultural purpose, however, bricks for construction purpose were being carried out in the trolley. He therefore, submitted to reject the application.

2.

On perusal of the application and the impugned judgment and award, the application deserves to be allowed partly. The application is thus partly allowed. The applicants are permitted to

ca14102.25 -2withdraw 50% amount with accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

3.

In so far as civil application No. 8345 of 2025 is concerned, the same is filed seeking stay to the impugned judgment and award passed by the Tribunal.

4.

Perused the application. Heard learned advocates for both sides. Learned advocate for the applicant submits that entire amount under award has been deposited in this Court. In view of this statement, civil application for stay is allowed in terms of prayer clause B and C and disposed of.

(SANJAY A. DESHMUKH, J.) rlj/