Created by Fuzzy Cloud

Bombay High Court

SHRIRAM GENERAL INSURANCE COMPANY LTDversusSMT SINDHUBAI ATMARAM JADHAV AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court stayed execution of the judgment pending appeal and permitted withdrawal of 50% of the deposited amount with interest, keeping the remainder in fixed deposit until the appeal is resolved.

Summary

The High Court considered two applications arising from a judgment and award against Shriram General Insurance Company Ltd. The first application sought a stay of execution of the judgment pending appeal, and the Court granted the stay. The second application sought withdrawal of the amount deposited by the insurer in the Court. The insurer opposed, citing delay in filing a report/FIR and the lack of consideration of contributory negligence. The Court ordered that the claimants may withdraw 50% of the deposited amount with accrued interest upon furnishing an undertaking, while the balance must remain in a fixed deposit until the appeal is decided, with special protection for any minor claimants. The applications were consequently disposed.

Issues considered

  • Whether a stay of execution of the judgment and award should be granted pending appeal.
  • Whether the amount deposited by the insurer can be withdrawn by the claimants.
  • How to handle the portion of the deposit concerning minor claimants.

Subjects

  • stay of execution
  • withdrawal of deposited amount
  • fixed deposit
  • minor claimant
  • contributory negligence
  • insurance claim
  • civil application

Judgment

2026:BHC-AUG:10308


                                                      1                           33 ca.2863.26.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   BENCH AT AURANGABAD.
                               33 CIVIL APPLICATION NO. 2863 OF 2026
                                           IN FA/2657/2025

                                   SINDHUBAI ATMARAM JADHAV
                                                VERSUS
                 SHRIRAM GENERAL INSURANCE COMPANY LTD THROUGH ITS
                                        AUTHORISED OFFICER
                                                    ...
              Advocate for Applicant : Mr. Avinash Dattatrya Aghav.
              Advocate for Respondent No.1 : Mr. S. S. Rathi.
                                                    ...

                                                WITH
                                CIVIL APPLICATION NO. 10673 OF 2025
                                           IN FA/2657/2025

                          SHRIRAM GENERAL INSURANCE COMPANY LTD
                                               VERSUS
                         SMT SINDHUBAI ATMARAM JADHAV AND OTHERS
                                                    ...
              Advocate for Applicant : Mr. Swapnil Satyanarayan Rathi.
              Advocate for Respondent Nos.1 to 4 : Mr. Avinash D. Aghav.
                                                    ...


                                               CORAM : SANJAY A. DESHMUKH, J.
                                               DATE       :   09th March, 2026.

              P.C.:

              1       Heard the learned counsel for the parties.            Perused the

              applications.



              Application for stay:

              2       This is an application seeking stay to the execution of the

              impugned judgment and award.


              3       The learned counsel for the applicant / appellant submits that the
                                       2                        33 ca.2863.26.odt


entire amount as per the impugned judgment and award is deposited

in this Court.


4     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.



Application for withdrawal of amount:

5     This application is for withdrawal of the amount deposited by the

appellant in this Court as per the impugned judgment and award.


6     The learned counsel for the appellant / insurance company

strongly opposed the application and submitted that there is doubtful

delay caused for lodging the report / FIR and also the defence of

contributory negligence is not considered by the Tribunal.            He,

therefore, submitted to reject the application.


7     For the reasons stated in the application and considering the

arguments of both the sides, the following order is passed :-



                               ORDER

     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
                                         3                           33 ca.2863.26.odt


             be kept in fixed deposit in any nationalized bank till
             disposal of the appeal.

      II.    The Registry to note that, if any of the claimants is minor
             and the directions of the Tribunal are to deposit the
             amount in fixed deposit, then the Registry of this Court
             shall keep that amount in fixed deposit and shall not pay
             the same to the minor claimant.

      III.   With this, the civil application for withdrawal of amount
             stands disposed of.



                                         [ SANJAY A. DESHMUKH, J. ]
nga


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.