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Bombay High CourtMCA/159/2026allowed

Sagun Krishna Gaonkar And 2 ORS v. Bajaj Allianz General Insurance Co. Ltd Thr Its Auth. Sign. Digvijay Parab And 2 ORS

2026-03-26Hon'Ble Shri Justice Valmiki Menezes3 pages

2026:BHC-GOA:610 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.159 OF 2026 SAGUN KRISHNA GAONKAR AND 2 ORS ... APPLICANTS

Versus

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD THR ITS AUTH. SIGN.

DIGVIJAY PARAB AND 2 ORS ... RESPONDENTS Mr. Pranav Vaze, Advocate for the Applicants. Mr. Pankaj Shirodkar (through V.C.), Advocate for the Respondents.

CORAM:- VALMIKI MENEZES, J.

DATED :- 26th March, 2026 P.C.:

1. Registry to waive office objections and register the matter.

2. Heard.

3. This application is for the release of part of the compensation amount deposited pursuant to the passing of the Award by the Motor Accident Claims Tribunal (MACT), North Goa. The Applicants are the parents of the deceased, who are both senior citizens and who have sought release of the amount for their day-to-day expenses. The third claimant before the MACT, who is the Respondent No. 3 herein, is the

sister of the deceased, who has not applied for any release of the amount.

4. Though, the application has been opposed by the learned Advocate for the Respondents, the reasons cited in the application appear to be genuine. The main issue that would fall for determination in the Appeal would be the Rate of Interest applied. The other issue raised is that the policy issued for the vehicle involved in the accident, was a standalone policy, and it was only a liability policy that covered third-party claims and did not cover claims by the persons who were traveling in the vehicle.

5. The application is partly allowed. The Registry of this Court shall release the amount of Rs. 15,00,000/- out of the total compensation deposited in the Registry of this Court to the account of the Applicants. If the Applicants do not hold a joint account, it may be transferred to an account where either of them is a party. This is on the basis of the statement made in paragraph No. 5 of the application. The account details shall be furnished by the Applicants in the Registry of this Court under their signature within a week from today. The amount shall be transferred within 10 days thereafter.

6. Considering that the Award is in favour of the Applicants and the original claimant No. 3 (sister), the amount released under this order shall be adjusted towards the share of the Applicant Nos. 1 and 2 at the

time of disposal of the Appeal.

7. The application stands disposed of in the above terms. VALMIKI MENEZES, J.