Deepak Prakash Rathod v. United India Insurance Co Ltd

928 CA NO. 13712 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 13712 OF 2025 Deepak Prakash Rathod

VERSUS

United India Insurance Co Ltd ...

Ms. Bhosle Meera Ambadasrao, Advocate for Applicant Mr. S. S. Rati, Advocate for Respondent WITH CIVIL APPLICATION NO. 9285 OF 2025 WITH CIVIL APPLICATION NO. 9284 OF 2025 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 16.12.2025 PER COURT :- CIVIL APPLICATION NO. 13712 OF 2025 This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. Heard.

3.

Learned advocate for the respondent strongly opposed the application and submitted that the applicant was minor at the time of accident and he was riding the motor cycle in a rash and

(( 2 )) 928 CA NO. 13712 OF 2025 negligent manner which was not considered by the Motor Accident Claims Tribunal. He lastly prayed to reject the application. 4.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::

a.

The application is partly allowed.

b.

The applicant is permitted to withdraw 50% 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.

c.

The application is disposed of.

CIVIL APPLICATION NO. 9285 OF 2025 This is an application seeking stay to the execution of the impugned judgment and award.

The learned advocate for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

(( 3 )) 928 CA NO. 13712 OF 2025 3.

In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.

CIVIL APPLICATION NO. 9284 OF 2025 Await notice.

Stand over to 13.01.2026.

[ SANJAY A. DESHMUKH, J. ] HRJadhav