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Bombay High CourtCA/477/2026admittedallowedgrantedrule absolute

Vimal Laxman Baglane After Marrage Vimal Shrirangrao Kadm Before Marriage v. The Oriental Insurance Company Ltd Branch Manager,

2026-01-21Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2026:BHC-AUG:2833 922 ca.477.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

922 CIVIL APPLICATION NO. 477 OF 2026 IN FA/2005/2025 VIMAL LAXMAN BAGLANE AFTER MARRAGE VIMAL SHRIRANGRAO KADM BEFORE MARRIAGE

VERSUS

THE ORIENTAL INSURANCE COMPANY LTD BRANCH MANAGER, ...

Advocate for Applicant : Mr. Gautam Janardan Pahilwan. Adv. for Respondent No.1 : Mr. Ramesh Imale, h/f Mr. A. S. Usmanpurkar. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

21st January, 2026.

P.C.:

Heard the learned counsel for the parties. Perused the application.

This application is for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award. The learned counsel for the appellant strongly opposes the application and submits that the diver of the offending truck was not holding the valid licence and therefore, the insurance company is not liable to pay the compensation.

For the reasons stated in the application and considering the arguments of both the sides, the following order is passed :-

922 ca.477.26.odt

O R D E R

I.

The applicant is permitted to withdraw 50% of the amount with accrued interest thereon deposited in this Court on furnishing usual undertaking. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

II.

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

Appeal:

Call for record and proceedings.

Stand over to 18th March, 2026.

[ SANJAY A. DESHMUKH, J. ] nga