Bombay High Court
Kavita Suresh SonawaneversusTHE NEW INDIA INSURANCE COMPANY LIMITED
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The application is partly allowed, permitting withdrawal of 50% of the deposited amount with interest.
Summary
The petitioners filed a civil application seeking withdrawal of the amount deposited by The New India Insurance Company in the court pursuant to an earlier judgment and award. The respondent opposed, arguing that the tribunal had not properly considered the deceased's contributory negligence in the vehicular accident. The court examined the impugned judgment of the M.A.C.T., Jalgaon, which held that contributory negligence was not proved by the insurer. Considering the findings, the court partially allowed the application, permitting the petitioners to withdraw fifty percent of the deposited amount with accrued interest, subject to an undertaking. The application was thereafter disposed.
Issues considered
- Whether the petitioners are entitled to withdraw the amount deposited by the insurance company in the court.
- Whether the tribunal correctly evaluated the contributory negligence of the deceased.
Subjects
- withdrawal of court deposit
- contributory negligence
- insurance claim
- civil application
- partial relief
Judgment
2026:BHC-AUG:680
923-ca-11145-2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 11145 OF 2025
IN FA/678/2025
Kavita Suresh Sonawane and Ors.
VERSUS
The New India Insurance Company Limited
...
Mr. A. D. Sonar h/f D. D. Pande, Advocate for Applicant
Ms. Anagha Rotte, Advocate for Respondent no.1
CORAM : SANJAY A. DESHMUKH, J.
DATED : 08th JANUARY, 2026
PER COURT :-
1. This is an application for withdrawal of the amount
deposited by the Insurance Company in this Court as per the
impugned judgment and award.
2. Perused the application. Heard learned Advocates for both
the sides.
3. Learned Advocate for the respondent no.1 strongly opposed
the application and submitted that the contributory negligence on the
part of deceased person who died in the vehicular accident is not
considered properly by the M.A.C.T, Jalgaon. Learned Advocate
further submitted to reject the application.
4. Upon perusal of the impugned judgment and present
application, it appears that the learned M.A.C.T., Jalgaon has held
that the contributory negligence on the part of the deceased person
923-ca-11145-2025
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who died in the accident is not proved by the Insurance Company.
Considering all these aspects, the application deserves to be partly
allowed. Hence, the following order:
ORDER
a. Civil Application is partly allowed.
b. Applicants are permitted to withdraw 50%
amount deposited by the Insurance Company in this
Court alongwith interest accrued thereon upon
furnishing usual undertaking to the satisfaction of the
learned Registrar (Judicial) of this Court.
c. Civil Application stands disposed of.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2025
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