Ashwini Wdo Ambadas Kadam v. Reliance General Insurance Co Ltd Through Its

2026:BHC-AUG:20500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

944 CIVIL APPLICATION NO. 5357 OF 2026 IN FAST/31334/2025 ASHWINI WD/O AMBADAS KADAM AND OTHERS

VERSUS

RELIANCE GENERAL INSURANCE CO LTD, THROUGH ITS AUTHORIZED SIGNATORY ...

Advocate for Applicant : Mr. Nilkanth Pandurangrao Bangar. Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar. ...

WITH CIVIL APPLICATION NO. 12001 OF 2025 IN FAST/31334/2025 WITH CIVIL APPLICATION NO. 12002 OF 2025 IN FAST/31334/2025 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

05th May, 2026.

P.C.:

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

Application for condonation of delay:

This is an application for condonation of delay of 70 days caused in filing the first appeal.

For the reasons stated in the application, the delay stands condoned. The application stands allowed in the interest of justice. Appeal be registered.

Application for stay:

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

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

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

Appeal :

Issue notice to the respondents, returnable on 14th July, 2026. Mr. Bangar, learned counsel waives notice on behalf of respondent Nos.1 to 5.

Call for record and proceedings.

Application for withdrawal of amount:

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 opposed the application and submitted that there is contributory negligence on the

part of deceased Ambadas, however, the same was not properly considered by the learned Tribunal while awarding compensation to the claimants. He, therefore, prayed for rejection of the application. On perusal of the application alongwith the impugned judgment and considering the peculiar facts of the case as well as the arguments of both the sides, the following order is passed :-

O R D E R

I.

The applicants are 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. 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.

[ SANJAY A. DESHMUKH, J. ] nga