Reliance General Insurance Co. Ltd., Thr. Its Branch Manager, Nagpur v. Payal Amol Lokhande And Others

1 32-caf-1515-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1515 OF 2025 IN FIRST APPEAL (ST) NO. 3305 OF 2025 Reliance General Insurance Co. Ltd.

Vs.

Payal Amol Lokhande and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri Amit M. Kukday, Advocate for applicant. Shri Y. S. Sodhi, Advocate for non-applicant nos. 1 to 4. CORAM :- Y. G. KHOBRAGADE, J.

DATED :- 06.05.2026 Heard the learned counsel appearing for the parties.

2.

By the present application, the applicant seeks condonation of delay of 207 days caused while lodging the appeal challenging the judgment and award dated 06.03.2024 passed in MACP No. 61/2022 by learned Member, Motor Accident Claims Tribunal, Yavatmal. 3.

The learned counsel appearing for nonapplicant nos. 1 to 4 resisted the application. 4.

For the reasons set out in the application, the delay of 207 days caused while lodging the appeal is hereby condoned subject to deposit of costs of Rs.2500/- in the following account:-

2 32-caf-1515-25.odt Account Name: Public Welfare Fund, Account No.: 129712010001014, IFSC Code: UBIN0812978.

Bank name: Union Bank of India, High Court Branch, Nagpur 5.

After the receipt is placed on record, the office to registered the First Appeal and place it before the Court for further consideration.

6.

The application is disposed of accordingly.

CIVIL APPLICATION (CAF) NO. 4783/2025 7.

Heard.

8.

By the present application, non-applicant nos. 1 to 4/claimants are seeking permission to withdraw the entire amount of compensation awarded under the the judgment and award dated 06.03.2024 passed in MACP No. 61/2022 by learned Member, Motor Accident Claims Tribunal, Yavatmal.

9.

The learned counsel appearing for the appellant- insurance company strongly resisted the application on the ground that if the impugned award is modified or reversed then it will be difficult for the appellant- insurance company to recover the same from the claimants.

10.

Needless to say deceased- Amol Suryabhan Lokhande died in an accident on 21.05.2022. Respondent nos. 1 to 4, the dependents of the deceased, had instituted

3 32-caf-1515-25.odt MACP No. 61/2022 for grant of compensation. After conclusion of the trial on 06.03.2024, the Tribunal passed the award and granted compensation of Rs.25,41,397/- with interest @ 9% p.a. from the date of the application till date of the award. The appellant- insurance company has deposited the entire compensation amount before this Court.

11.

Therefore, considering the nature of claim as well as to meet the financial exigencies, respondent nos. 1 to 4/claimants are permitted to withdraw 50% of their respective shares in the compensation amount on furnishing usual undertaking and 25% of their respective shares in the the compensation amount on furnishing surety along with accrued interest.

12.

The application is disposed of accordingly.

(Y. G. KHOBRAGADE, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 07/05/2026 17:01:01