Magma Hdi General Insurance Co.Ltd., Thr. Branch Manager, Nagpur v. Pranjali Sanjay Chobitkar And Others

2026:BHC-NAG:7589 1 902-CAF-2357-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2357 OF 2026 IN FIRST APPEAL NO. 345 OF 2026 MAGMA HDI GENERAL INSURANCE CO. LTD.

Vrs.

PRANJALI SANJAY CHOBITKAR 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 N. J. Patil, Advocate for appellant.

Shri Sawan Alaspurkar, Advocate for respondent Nos.1 to 5. Shri B. A. Barthe, Advocate for respondent Nos.6 and 7. CORAM: Y. G. KHOBRAGADE, J.

DATE : 11/06/2026.

1.

The present application is filed by the nonapplicant Nos.1 to 5 / original claimants seeking speaking to minutes to the extent of percentage of withdrawal of compensation amount.

2.

Indeed, on 07/05/2026, this Court passed the following order :- "Heard.

02.

Having regard to the submissions canvassed on behalf of the parties, the delay of 86 days caused in filing the appeal is hereby condoned on the grounds set out in the application.

03.

Office to register the First Appeal and place it before the Court on 18th June, 2026. The civil application is allowed and disposed of accordingly. Civil Application [CAF] No.1337/2026:

This is an application filed on behalf of applicants/respondent Nos.1 to 5 seeking permission to withdraw the amount of compensation deposited by the appellant in pursuance of the judgment and award

2 902-CAF-2357-2026.odt dated 08/04/2025 passed in M. .C.P. No.43/2023 by Α.C.P. No.43/2023 by the learned Member, M.A.C.T., Warud, District Amravati.

02.

For the reasons stated in the application, applicants/respondent Nos.1 to 5/original claimants are permitted to withdraw 75% of the amount of compensation upon furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. Accordingly, the civil application stands disposed of." 3.

However, the percentage of withdrawal of compensation amount specifically has not been provided. In Clause (3) of the operative part of the Judgment dated 08/04/2025 passed by the Member, MACT, Warud, Dist. Amravati, the respondent Nos.1 to 5 are already permitted proportionate share of the compensation.

4.

The following sentence be added after Paragraph No.2 of order dated 07/05/2026 passed in Civil Application (CAF) No.1337/2026 :- "Out of 75% compensation amount, 40 % compensation amount shall be paid to the present respondent No.1 and 20% compensation amount shall be paid to the minors - respondent Nos.2 and 3 and 10% compensation amount shall be paid to the respondent Nos.4 and 5 each."

5.

Accordingly, necessary correction be carried out in the order dated 07/05/2026 and corrected order be uploaded.

6.

Accordingly, application stands disposed of.

7.

List the matter for admission on 02/07/2026.

3 902-CAF-2357-2026.odt 8.

In the meanwhile, Record and Proceedings of MACP No.43/2023 from the file of MACT, Warud, Dist. Amravati be called.

[JUDGE] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 12/06/2026 17:08:02