Manjusha Rajesh Gaikwad And ORS. v. The New India Assurance Co. Ltd.

Reunka/ Navnath 74-IA-13043-2025 IN FA(ST)-18162-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION 13043 OF 2025 IN FIRST APPEAL STAMP NO. 18162 OF 2016 Manjusha Rajesh Gaikwad and Ors.

...Applicant

IN THE MATTER OF IN BETWEEN

The New India Assurance Co. Ltd.

...Appellant

Versus

Manjusha Rajesh Gaikwad and Ors.

...Respondents

Mr. Sanjay Ranjane for the Petitioner.(Org. Claimant) Ms. Jyoti Bajpayee Pandey for the Respondent in I.A for Insurance Co..

CORAM

DR. NEELA GOKHALE, J.

DATED:

13th FEBRUARY 2026 PC:- 1.

This is an application made by the Original Claimant to withdraw the amount deposited by the insurer with the Motor Accident Claims Tribunal (MACT), Pune by order dated 12th March, 2019. This Court had directed the insurer to deposit the entire amount of compensation along with interest till date of the order and costs in terms of the 13th February 2026

Reunka/ Navnath 74-IA-13043-2025 IN FA(ST)-18162-2016 impugned award dated 28th October, 2015 before the Hon'ble Member, MACT, Pune, within a period of four weeks from the date of order. Accordingly, the insurer deposited the said amount with the Tribunal.

2.

Mr. Ranjane, learned counsel appearing for the Applicant/ Original Claimant seeks permission to withdraw the said amount.

3.

Ms. Pandey, learned counsel appearing for the Appellant/Respondent objects to the same.

4.

However, considering that the amount has been deposited in terms of the order passed by this Court and that the claim has been adjudicated by order dated 28th October, 2015 itself, the Applicant/ Original Claimant is permitted to withdraw 50% of the amount deposited by the insurer. 5.

The Interim Application is partly allowed and is accordingly, disposed of.

(DR. NEELA GOKHALE, J) 13th February 2026