United India Insurance Co. Ltd., Thr. Div. Manager, Amravati Thr. Manager, Nagpur v. Smt. Archana Sanjay Dagwar And Others

1 36-caf-3730-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3730 OF 2025 IN FIRST APPEAL (ST) NO. 22571 OF 2025 United India Insurance Co. Ltd.

Vs.

Smt. Archana Sanjay Dagwar and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Ms. Anita Mategaonkar, Advocate for applicant. Shri P. R. Agrawal, Advocate for non-applicant nos. 1 to 4. CORAM :- Y. G. KHOBRAGADE, J.

DATED :- 24.04.2026 As per the office note, service of notice on respondent nos. 5 and 6 is awaited.

2.

Issue fresh notice to respondent nos. 5 and 6, returnable on 19.06.2026.

3.

In addition to the regular mode of service, the appellant is also permitted to serve respondent nos. 5 and 6 by Speed-post.

CIVIL APPLICATION (CAF) NO. 1410/2026 4.

Heard Ms. Anita Mategaonkar, learned counsel appearing for the appellant- Insurance Company, Shri P. R. Agrawal, learned counsel appearing for respondent nos. 1 to 4/original claimants at length. RR Jaiswal

2 36-caf-3730-25.odt 5.

By the present application, respondent nos. 1 to 4/claimants seek permission to withdraw the entire amount of compensation under the judgment and award dated 01.01.2025 passed in MACP No. 366/2018 by the Member, Motor Accident Claim Tribunal, Amravati deposited before this Court in pursuance of the order dated 14.10.2025 passed by this Court in Civil Application No. 3731/2025.

6.

The application is strongly opposed by the learned counsel appearing for the appellant.

7.

Considering the reasons mentioned in the application, I am inclined to grant the present application and permit respondent nos. 1 to 4/claimants to withdraw 50% of the compensation amount along with accrued interest thereto as per the apportionment given by the Tribunal on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 8.

The application is disposed of accordingly.

(Y. G. KHOBRAGADE, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 27/04/2026 10:50:44 RR Jaiswal