Dashrath Pandhari Mali Bansode v. Magma Hdi Insurance Co Ltd

2026:BHC-AUG:4197 ca1149.26 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 1149 OF 2026 WITH CIVIL APPLICATION NO. 7110 OF 2025 IN FA/2703/2025 Dashrath Pandhari Mali Bansode

VERSUS

Magma Hdi Insurance Co Ltd ...

Advocate for Applicant : Mr. Y.P. Jadhav Advocate for Respondents : Mr. Mohit R. Deshmukh .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 30th JANUARY, 2026 PER COURT :- 1.

The civil application No. 1149 of 2026 is filed seeking withdrawal of the amount of compensation deposited as per the impugned judgment and award. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent strongly opposed the application and submitted that there is delay of 9 days in lodging the report and therefore, it is doubtful that whether the offending vehicle was involved in the said accident or not. He therefore, prayed for rejection of application. 2.

On perusal of the application and the impugned judgment and award and considering over all facts, this Court is of the view that the application deserves to be partly allowed. The application is

ca1149.26 -2partly allowed. The applicant is permitted to withdraw 50% amount with accrued interest thereon, on furnishing usual undertaking. The Registry to transmit the said amount to the M.A.C.T. Dharashiv (Osmanabad).

3.

In so far as civil application No. 7110 of 2025 is concerned, the same is filed seeking stay to the impugned judgment and award passed by the Tribunal. Perused the application. Heard learned advocates for both sides. Learned advocate for the applicant submitted that entire amount under award is deposited in this Court. In view of the same, there shall be stay to the impugned judgment and award passed by the Tribunal.

4.

In first appeal, call for record and proceedings. Stand over to 27.03.2026.

(SANJAY A. DESHMUKH, J.) rlj/