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Bombay High CourtCA/7210/2025partly allowed and partly dismissed

Vilas Ramchandra Vibhaute And ANR v. The Oriental Insurance Co Ltd Gulbarga And ORS

2026-03-16Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

25-ca-7210-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7210 OF 2025 IN FAST/31881/2024 Vilas Ramchandra Vibhaute And Anr

VERSUS

The Oriental Insurance Co Ltd Gulbarga And Ors ...

Mr. Y. P. Jadhav, Advocate for Applicants Mr. Ramesh Imale, Advocate for Respondent no.1 Mr. M. U. Shelke, Advocate for Respondent no.4 ...

WITH CIVIL APPLICATION NO. 12803 OF 2024 IN FAST/31881/2024 WITH CIVIL APPLICATION NO. 12804 OF 2024 IN FAST/31881/2024

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 16TH MARCH, 2026 PER COURT :- CIVIL APPLICATION NO. 7210 OF 2025 1.

This is an application for permission to withdraw the amount deposited in this Court as per impugned judgment and award. 2.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate for the respondent no.1/Insurance Company strongly opposed the application and submitted that the respondent no.1 is not liable to pay the compensation as the impugned judgment is not legal and correct. He prayed to reject the application.

25-ca-7210-2025 -24.

Upon perusal of the application and the impugned judgment, this Court is of the view that the application deserves to be allowed partly. Hence, the following order:

ORDER

a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw 50% amount on furnishing usual undertaking and 25% amount upon furnishing surety/security alongwith interest accrued thereon to the satisfaction of the learned Registrar/Superintendent, Motor Accident Claims Tribunal, Dharashiv.

c.

Registry is directed not to insist upon a valuation report as to the value of the property from the Government Authority and may rely upon the 7/12 extract or P.R. Card or assessment report of the village panchayat alongwith the affidavit of the survey. d.

Registry of this Court is directed to transmit the amount to the M.A.C.T., Dharashiv for disbursement accordingly.

CIVIL APPLICATION NO. 12803 OF 2024 CIVIL APPLICATION NO. 12804 OF 2024 1.

Learned Advocate for the applicants seeks time to take steps. 2.

Last chance is granted. Stand over to 22.04.2026 as a last chance.

(SANJAY A. DESHMUKH, J.) Rushikesh/2026