Ashok Baburao Shinde And ORS. v. Divisional Manager, The New India Assurance Co. Ltd., Mumbai

28-IA-1395-2024 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by HARISH VITHAL CHAUDHARI Date:

2026.04.27 18:22:37 +0530 CIRCUIT BENCH AT KOLHAPUR HARISH VITHAL CHAUDHARI CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1395 OF 2024 IN FIRST APPEALST NO. 7903 OF 2021 Ashok Baburao Shinde And Ors.

...Applicants

IN THE MATTER BETWEEN

Divisional Manager, The New India Assurance Co. Ltd., Mumbai ...Appellant

VERSUS

Ashok Baburao Shinde And Ors.

...Respondents

*** Mr. Santosh D. Bhosale for the Applicants.

Ms. Renuka Yadav (Through V. C.) for the Apellant. ***

CORAM

:

M. W. CHANDWANI, J.

DATE :

24th APRIL, 2026.

P.C.

1.

By this application, the applicants- original claimants seeks withdrawal of the compensation amount deposited by the appellantinsurance company in connection with the impugned judgment and award passed by the Motor Accident Claims Tribunal, Satara in Motor Accident Claim Petition No.128 of 2014.

2.

Considering the submissions of learned counsel for the parties and the grounds urged in the appeal, the applicants-original claimants are permitted to withdraw 50% of the decretal amount deposited by the respondent-insurance company, along with the accrued interest thereon, to the extent of their respective shares, upon furnishing the usual undertaking. The apportionment shall be effected in accordance with the impugned award.

3.

Accordingly, interim application is dispose of. [M. W. CHANDWANI, J.] Harish