Asha Sanjay Gavande And ORS. v. The Divisional Manager, Reliance General Insurance Co. Ltd. Nashik

9 IA 708-26 IN FA 258-25-C.DOC Priya Soparkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.708 OF 2026 IN FIRST APPEAL NO.258 OF 2025 Asha Sanjay Gavande and ors.

... Applicants

Versus

The Divisional Manager, Reliance General Insurance Company Limited, Nashik.

...Respondent

Mr. Pritesh K. Bohade, for the Applicants.

Mr. Avesh Ghadge (through V.C.) i/by Mr. Akshay Kulkarni, for the Respondent.

CORAM:

R. M. JOSHI, J.

DATED:

28th JANUARY, 2026.

PC:- 1.

This application is filed by the Claimants for withdrawal of the amount of compensation deposited by the Appellant/Insurer pursuant to the order dated 17th December, 2024. 2.

Learned counsel for the Appellant/Insurer opposes the Application on the ground that the Appeal has been filed on the point of negligence, quantum of compensation. It is his contention that the order passed by the Tribunal of pay and recover ought not to have been passed and Insurer is required to be exonerated. Digitally signed by PRIYA RAJESH SOPARKAR Date:

2026.01.28 15:35:48 +0530 PRIYA RAJESH SOPARKAR 28th January, 2026.

9 IA 708-26 IN FA 258-25-C.DOC 3.

Perusal of the record indicates that though the Original Claimants are not entitled to seek withdrawal of entire amount, there will be no impediment in permitting withdrawal of 50% amount with accrued interest.

4.

Interim Application is partly allowed.

5.

The Applicants/Claimants are entitled to receive 50% compensation deposited by the Appellant pursuant to order dated 17th December, 2024 on usual undertaking.

(R. M. JOSHI, J.) { 28th January, 2026.