Bombay High Court

SUNITA RAMNATH KANDE AND ORS.versusMANAGER, TATA MOTORS LTD., LUCKNOW AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the petitioners are entitled to withdraw the awarded compensation, including any accrued interest.

Summary

The petitioners, who were original claimants in a motor accident compensation proceeding (MACP No. 581/2007), filed an application seeking withdrawal of the compensation awarded to them in First Appeal No. 30/2013. The appeal had been allowed on 14‑08‑2014, directing the insurer to honor the claim and to recover the amount from the vehicle owner (Respondent No. 5). The court considered the petitioners' request to withdraw the awarded amount. It allowed the withdrawal of the compensation amount, including any accrued interest, for Applicant No. 4 and permitted the other petitioners to withdraw their shares as well. Consequently, the application for withdrawal was granted.

Issues considered

What is the court's jurisdiction to allow withdrawal of a compensation award granted in a prior appeal?
Whether the petitioners are entitled to withdraw their awarded amounts, including interest, after the insurer has been directed to recover the sum from the vehicle owner.

Subjects

withdrawal of compensation
motor accident claim
insurance liability
civil procedure
court order

Judgment

2026:BHC-AUG:39549
                                                (1)                        902ca7469.26




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                             902 CIVIL APPLICATION NO. 7469 OF 2026
                                          IN FA/30/2013
                                     Sunita Ramnath Kande And Ors.
                                                                     .....Petitioners
                                                VERSUS

                           Manager, Tata Motors Ltd., Lucknow And Anr.
                                                                  .....Respondents

                Mr. Shaikh Sohail Yusuf, Advocate for the Petitioners
                Mr. M. R. Deshmukh, Advocate for the Respondent

                                               CORAM : ROHIT W. JOSHI, J.
                                                 DATE : 29th AUGUST, 2026


                PER COURT :

                1.          The present Application is filed by the Respondent Nos. 1

                to 4 in First Appeal No. 30/2013. Respondent Nos. 1 to 4 are the

                original claim Petitioners in MACP No. 581/2007 out of which said

                Appeal arises. The Appeal preferred by the Appellant-insurance

                company came to be allowed vide judgment and award dated 14-08-

                2014. However, the Appellant-insurance company is directed to

                honour the claim and recover the amount from the owner of the

                vehicle i.e. Respondent No. 5 in the Appeal.

                2.          In view of above, the Application for withdrawal of the

                amount is allowed.


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                                   (2)                    902ca7469.26




3.               Applicant No. 4 is permitted to withdraw the amount of

compensation with respect to her share along with accrued interest, if

any.



                                         [ROHIT W. JOSHI, J. ]
VishalK/902ca7469.26




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