Royal Sundaram Alliance Insurance Co. Ltd., Thr. Its Divisional Manager, Chennai v. Vinod Haribhau Khekade And Others

2026:BHC-NAG:7114 1 30-caf-2970-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1551 OF 2026 IN FIRST APPEAL (ST) NO. 17830 OF 2024 Royal Sundaram Alliance Insurance Co. Ltd.

Vs.

Vinod Haribhau Khekade and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri H. N. Verma, Advocate for applicant (through VC). Shri A. P. Kalmegh, Advocate for non-applicant no. 1. CORAM :- Y. G. KHOBRAGADE, J.

DATED :- 06.05.2026 Heard.

2.

By the present application, respondent no.1/claimant is seeking permission to withdraw the entire amount of compensation awarded under the judgment and award dated 29.08.2023 passed in MACP No. 372/2015 by learned Member, Motor Accident Claims Tribunal, Amravati. 3.

The learned counsel appearing for the appellant- insurance company strongly resisted the application on the ground that overlooking the evidence on record, the Tribunal has granted exorbitant compensation and there is possibility that the impugned award may be set aside or modified in the present appeal.

RR Jaiswal

2 30-caf-2970-24.odt 4.

Needless to say that respondent no. 1 had instituted MACP No. 372/2015 on account of sustaining 50% permanent disability due to the accident occurred on 15.05.2015. After conclusion of the trial, on 29.08.2023, the Tribunal passed the award and directed the present appellant as well respondent nos. 1 and 2 shall jointly and severally to pay an amount of compensation of Rs.26,65,000/- inclusive of NFL with interest @ 7% p.a. from the date of the application till its realization. The appellant- insurance company has deposited the entire compensation amount before this Court.

5.

Therefore, considering the nature of claim as well as to meet the financial exigencies, respondent no. 1/claimant is permitted to withdraw 50% of the compensation amount on furnishing usual undertaking and 25% of the compensation amount on furnishing surety along with accrued interest.

6.

The application is disposed of.

(Y. G. KHOBRAGADE, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 07/05/2026 17:01:48 RR Jaiswal