Vandana Sugriv Gadhave v. Shriram General Insurance Co Ltd Jaipur Rajasthan

2026:BHC-AUG:10274 25 ca.11944.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

25 CIVIL APPLICATION NO. 11944 OF 2025 IN FA/1358/2025 VANDANA SUGRIV GADHAVE

VERSUS

SHRIRAM GENERAL INSURANCE CO LTD JAIPUR RAJASTHAN ...

Advocate for Applicant : Mr. Yashwant Panditrao Jadhav. Advocate for Respondent No.1 : Mr. S. S. Rathi. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

09th March, 2026.

P.C.:

This application is for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award. Heard the learned counsel for the parties. Perused the application.

The learned counsel for the appellant / insurance company strongly opposed the application and submitted that the risk of the deceased who died in the vehicular accident, was not covered as per the terms and conditions of the policy. It is transit policy and as per its terms, the damage to the vehicle was only covered and the occupant / passenger was not covered. He, therefore, prayed to reject the application.

25 ca.11944.25.odt For the reasons stated in the application and considering the arguments of both the sides, the following order is passed :-

O R D E R

I.

The applicant is permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this Court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. Further 25% of the amount with accrued interest thereon is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court. II.

The Registry is directed to not to insist for the actual valuation of the property of the surety.

III.

The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal. IV.

With this, the civil application for withdrawal of amount stands disposed of.

[ SANJAY A. DESHMUKH, J. ] nga