Bombay High Court

REKHA SHANKAR LANDGE AND OTEHRSversusNEW INDIA ASSURANCE COMPNAY LTD

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 respondents filed a civil application seeking permission to withdraw half of the amount deposited by the insurance company in the court following a motor accident judgment. The insurance company opposed, arguing that the report was lodged 22 days late and that there was no evidence linking the vehicle to the accident, and that allowing withdrawal would jeopardize recovery if the appeal succeeded. The court examined the facts, noting that the husband of the first respondent suffered serious injuries in a road traffic accident, received medical treatment, and died, with the FIR filed later due to funeral rites. It held that the delay in filing the report did not defeat the claim, as the accident was established by the post‑mortem report. Consequently, the court partly allowed the application, permitting withdrawal of 50% of the deposited amount with accrued interest, to be transferred to the Motor Accident Claims Tribunal for disbursement as per the original judgment.

Issues considered

Whether the delay of 22 days in lodging the accident report bars the respondents from withdrawing the deposited amount.
Whether the court can permit partial withdrawal of the amount deposited pending the outcome of the appeal.

Subjects

motor accident
claim withdrawal
court deposit
delay in FIR
partial allowance
interest
Motor Accident Claims Tribunal

Judgment

                                              940 FA NO. 3081 OF 2024.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
              940 FIRST APPEAL NO. 3081 OF 2024

                New India Insurance Company Ltd.,
                             VERSUS
                 Rekha Shankar Landge And Others
                                 ...
Mr. Deshmukh Mohit Rameshrao, Advocate for Appellant
Mr. Tanvi V. Jadhav, Advocate for Respondent Nos.1 to 5
                               WITH
              CIVIL APPLICATION NO. 13896 OF 2025
                         IN FA/3081/2024
                                ….

                    CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 17.02.2026
PER COURT :-

             CIVIL APPLICATION NO. 13896 OF 2025
                        IN FA/3081/2024

1.        This is an application seeking permission to withdraw

the amount deposited in this Court pursuant to the impugned

judgment and award.


2.        Heard learned advocates for both sides.


3.        Learned    advocate    for   the   respondent–Insurance

Company strongly opposed the application and submitted that

there is a delay of 22 days in lodging the report. There is no oral

or documentary evidence to establish that the offending vehicle

was involved in the accident. He further submitted that if the

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application is allowed, it would be difficult to recover the amount in

case the respondent succeeds in the appeal. Therefore, he prayed to

reject the application.


4.        Learned advocate for the applicants submitted that the

occurrence of the vehicular accident is established from the lodging of

the report. The post-mortem report also corroborates the accidental

death of the husband of applicant No.1. Mere delay in lodging the

report cannot be a ground to reject the case of the applicants. He

therefore prayed to allow the application.


5.        On perusal of the impugned judgment and the application,

it appears that a road traffic accident had occurred in which the

husband of applicant No.1 sustained serious injuries. He was under

medical treatment from 30.12.2018 to 07.01.2019 and ultimately

succumbed to the injuries on 07.01.2019.         It is stated that the

applicants are illiterate and that the deceased, Shankar, was under

continuous medical treatment during the aforesaid period, therefore,

the FIR came to be lodged on 22.01.2019 after performing the last

rites and rituals. Considering all these aspects, it would be proper to

allow the application partly. Hence, the following order:




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                             ::ORDER::

a.         The application is partly allowed.

b.         The applicants are permitted to withdraw 50% of the

           amount with accrued interest thereon out of the amount

           deposited by the appellant in this court.

c.         The Registry is directed to transmit the said amount to the

           learned Motor Accident Claims Tribunal, Ambajogai District

           Beed, which shall thereafter disburse that amount to the

           applicants/claimants accordingly.             The Tribunal shall

           disburse    the   said     amount       to     the     claimants       in

           accordance    with   the     apportionment           and     directions

           contained    in   paragraph          No.33     of    the     impugned

           judgment.

d.         The applicants shall submit undertaking for withdrawal of

           the said amount before the Superintendent/Registrar of

           learned Tribunal and the Tribunal shall forward it to this

           Court.



                                    [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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