Maruti Dattu Bangude v. Darshan Singh Balvinder Singh Sona

2026:BHC-AUG:10521 938 CA NO. 1829 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 1829 OF 2026 IN FA/3612/2025 Maruti Dattu Bangude

VERSUS

Darshan Singh Balvinder Singh Sona ...

Ms. Lomte Ashwini Annasaheb, Advocate for Applicant Ms. Anagha Rotte, Advocate for Respondent No.2 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 11.03.2026 PER COURT :- 1.

This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. 2.

Heard.

3.

Learned advocate for respondent-Insurance company strongly opposed the application. She submitted that it is a case of contributory negligence, as the rider of the motorcycle was not holding a valid driving licence since he was a minor at the time of the vehicular accident. The learned Tribunal considered the notional income of the minor on the higher side. Therefore, she prayed to reject the application.

(( 2 )) 938 CA NO. 1829 OF 2026 4.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::

a.

The application is partly allowed.

b.

The applicant is permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

The application is disposed of.

[ SANJAY A. DESHMUKH, J. ] HRJadhav