Santosh Shivaji Padwal v. United India Insurance Company Ltd. Through The Divisional Manager

ca2619.25- -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 2619 OF 2025 IN FA/4297/2023 Santosh Shivaji Padwal

VERSUS

The New India Insurance Company Ltd ...

AND CIVIL APPLICATION NO. 9992 OF 2024 IN FA/4198/2023 Santosh Shivaji Padwal

VERSUS

United India Insurance Company Ltd.

...

AND CIVIL APPLICATION NO. 6783 OF 2025 IN FA/4198/2023 United India Insurance Company Ltd.

VERSUS

Santosh Shivaji Padwal .....

Advocate for Applicants : Mr. N. D. Kendre h/f Mr. Vivekanand B. Deshmukh Advocate for Respondent No.1 : Mr. S.R. Bodade Advocate for Respondent No.3 : Mr. Sudhir V. Kulkarni .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 3rd DECEMBER 2025 PER COURT :- 1.

The civil application Nos. 2619 of 2025 and 9992 of 2024 are filed for withdrawal of the amount of compensation deposited as per the impugned judgment and award. Perused the applications

ca2619.25- -2and heard learned advocates for both the sides. Learned advocate for the respondent insurance company strongly opposed the applications and submitted that the liability to pay compensation is not legally finalized by the tribunal.

2.

On perusal of the impugned judgment and award, it would be proper to allow the applications partly in the interest of justice. Therefore, the applicants in the respective applications are permitted to withdraw the 50% amount out of deposited amount with accrued interest thereon with proportion as per the directions of the tribunal i.e. 25% and 75%.

3.

In so far as the civil application No.6783 of 2025 is concerned, the same is filed seeking permission to serve the respondent No.3 Neelkanth, who is stated to be owner of the offending vehicle, by way of paper publication. Learned advocate for the applicant submitted that he will comply with all formalities of paper publication/ citations.

4.

Stand over to 04.02.2026.

(SANJAY A. DESHMUKH, J.) rlj/