Divya Bapu Nikam v. I C I C I Lombard General Insurance

935 CA NO. 1871 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 1871 OF 2026 IN FA/2976/2025 Divya Bapu Nikam

VERSUS

I C I C I Lombard General Insurance ...

Mr. Pramod Mayure C, Advocate for Applicant Mr.. Abhijit Choudhari, Advocate for Respondent WITH CIVIL APPLICATION NO. 12170 OF 2025 IN FA/2976/2025 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 24.02.2026 PER COURT :- CIVIL APPLICATION NO. 12170 OF 2025 IN FA/2976/2025 1.

This is an application seeking stay to the execution of the impugned judgment and award.

The learned advocate for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

3.

In view of the above, there shall be stay to the impugned judgment and award till the pendency of the appeals. The application is disposed of.

(( 2 )) 935 CA NO. 1871 OF 2026 CIVIL APPLICATION NO. 1871 OF 2026 IN FA/2976/2025 1.

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

3.

Learned advocate for respondent/Insurance Company strongly opposed the application. He submitted that the learned Tribunal has assessed the monthly income of the injured claimant at Rs.15,000/- per month, whereas, in fact, she was earning only Rs.6,000/- per month. Therefore, he prayed to reject the application. 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.

(( 3 )) 935 CA NO. 1871 OF 2026 FIRST APPEAL NO.2976 OF 2025 .

Call Record and Proceedings.

Stand over to 16.06.2026.

[ SANJAY A. DESHMUKH, J. ] HRJadhav