Sambaji Mahadev Khot And Others v. Bajaj Allianze General Insurnce Co Ltd Through The Branch Manager

2026:BHC-AUG:7571 ca1110.26 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 CIVIL APPLICATION NO. 1110 OF 2026 IN FA/2749/2025 Sambaji Mahadev Khot And Others

VERSUS

Bajaj Allianze General Insurnce Co Ltd Through The Branch Manager ...

Advocate for Applicant : Mr. Ashutosh S. Kulkarni Advocate for Respondents : Mr. Mohit R. Deshmukh .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 20th FEBRUARY, 2026 PER COURT :- 1.

This is an application seeking withdrawal of the amount. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent-insurance company strongly opposed the application and submitted that the owner of the offending vehicle has misrepresented to the Insurance Company stating the nature of the vehicle as private vehicle even though it was a commercial vehicle. If that aspect is considered the applicants are not entitled for compensation. He therefore, submitted to reject the application.

2.

On perusal of the impugned judgment and award of the Tribunal, it appears that the learned Tribunal has decided the matter

ca1110.26 -2on merits. At this stage, it would be proper to allow this application partly to the extent of 50% withdrawal.

3.

Considering the peculiar facts of this case, the application is partly allowed. The applicants are permitted to withdraw 50% amount with accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court. (SANJAY A. DESHMUKH, J.) rlj/