Bombay High Court

CHHAYA SUKHDEO WAGH AND ORS.versusMANOJ RAJENDRA GORE AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the withdrawal of the appeal by the insurance company entitles the applicants to withdraw the entire amount deposited, including statutory deposit and interest.

Summary

The applicants, Smt. Chhaya Sukhdeo Wagh and others, filed a civil application seeking to withdraw the compensation amount that had been awarded by a Tribunal and subsequently deposited by the insurance company. The insurance company, respondent No.2, had earlier withdrawn its appeal before a Special Lok Adalat on 29 March 2026. Respondent No.2's counsel argued that, in view of the withdrawal of the appeal, the applicants' request should be granted. The Court examined the effect of the appeal withdrawal and found no impediment to allowing the withdrawal of the deposited amount. Consequently, the Court allowed the application as per prayer clause (B), permitting the applicants to withdraw the entire deposited sum, including the statutory deposit, together with accrued interest.

Issues considered

What is the effect of the insurance company's withdrawal of its appeal before the Special Lok Adalat on the applicants' request to withdraw the deposited compensation amount?

Subjects

withdrawal of compensation
insurance company
Special Lok Adalat
appeal withdrawal
statutory deposit
interest

Judgment

2026:BHC-AUG:42548
                                                                      C.A. No.8076/2026
                                              :: 1 ::




                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                 BENCH AT AURANGABAD


                         CIVIL APPLICATION NO.8076 OF 2026 IN
                             FIRST APPEAL NO.2115 OF 2019


            Smt. Chhaya Sukhdeo Wagh & ors.                   … APPLICANTS

                     VERSUS

            Manoj Rajendra Gore & anr.                        … RESPONDENTS

                                               .......

            Mr. S.R. Bodade, Advocate for respondent No.2.
                                             ....…

                                     CORAM : SACHIN S. DESHMUKH, J.
                                     DATE      : 15th SEPTEMBER, 2026

            PER COURT :


            1.          None for the applicants. The applicants have presented this

            application seeking withdrawal of the amount of compensation awarded

            by the Tribunal, which is deposited by the Insurance Company.


            2.          Learned counsel for the respondent No.2 has fairly submitted

            that, since the Insurance Company has withdrawn the appeal before the

            Special Lok Adalat held on 29th March 2026, in that view of the matter,

            the application deserves to be allowed. As such, the application is allowed
                                                          C.A. No.8076/2026
                                   :: 2 ::


in terms of prayer clause (B).


3.          The applicants are permitted to withdraw the entire amount

deposited by the respondent No.2 Insurance Company including the

statutory deposit, along with interest accrued thereon.




                                       (SACHIN S. DESHMUKH, J.)


fmp/-

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