Bombay High Court
Vandana Sugriv GadhaveversusShriram General Insurance Co Ltd Jaipur Rajasthan
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The Court held that the applicant may withdraw fifty percent of the deposited amount with interest upon furnishing an undertaking, and an additional twenty‑five percent with interest upon furnishing a solvent surety, with the balance to remain in fixed deposit pending appeal.
Summary
The applicant, Vandana Sugriv Gadhave, filed a civil application seeking withdrawal of the amount she had deposited in the High Court as security following an impugned judgment and award. The respondent, Shriram General Insurance Co Ltd, opposed the withdrawal, arguing that the deceased’s risk was not covered under the transit policy, which only covered vehicle damage and not occupants. The Court considered the arguments and the purpose of the deposit, and ordered that the applicant may withdraw fifty percent of the deposited amount with accrued interest upon furnishing a standard undertaking, and an additional twenty‑five percent with interest upon providing a solvent surety. The remaining twenty‑five percent is to be kept in a fixed deposit in a nationalised bank until the appeal is disposed. The application for withdrawal was consequently disposed.
Issues considered
- Whether the applicant is entitled to withdraw the amount deposited by the appellant pending the disposal of the appeal
- Whether the insurance company's objection based on the policy's exclusion of occupant coverage bars the withdrawal
Subjects
- insurance
- policy coverage
- withdrawal of security deposit
- civil application
- surety
- fixed deposit
- appellate proceedings
Judgment
2026:BHC-AUG:10274
1 25 ca.11944.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
25 CIVIL APPLICATION NO. 11944 OF 2025
IN FA/1358/2025
VANDANA SUGRIV GADHAVE
VERSUS
SHRIRAM GENERAL INSURANCE CO LTD JAIPUR RAJASTHAN
...
Advocate for Applicant : Mr. Yashwant Panditrao Jadhav.
Advocate for Respondent No.1 : Mr. S. S. Rathi.
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 09th March, 2026.
P.C.:
1 This application is for withdrawal of the amount deposited by the
appellant in this Court as per the impugned judgment and award.
2 Heard the learned counsel for the parties. Perused the
application.
3 The learned counsel for the appellant / insurance company
strongly opposed the application and submitted that the risk of the
deceased who died in the vehicular accident, was not covered as per
the terms and conditions of the policy. It is transit policy and as per its
terms, the damage to the vehicle was only covered and the occupant /
passenger was not covered. He, therefore, prayed to reject the
application.
2 25 ca.11944.25.odt
4 For the reasons stated in the application and considering the
arguments of both the sides, the following order is passed :-
ORDER
I. The applicant is 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. Further 25% of the
amount with accrued interest thereon is allowed to be
withdrawn on furnishing solvent surety/security to the
satisfaction of learned Registrar (Judicial) of this Court.
II. The Registry is directed to not to insist for the actual
valuation of the property of the surety.
III. The remaining amount be kept in fixed deposit in any
nationalized bank till disposal of the appeal.
IV. With this, the civil application for withdrawal of amount
stands disposed of.
[ SANJAY A. DESHMUKH, J. ]
nga
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