Bombay High Court

NATIONAL INSURANCE CO. LTD.versusSUKSHATA KANKONKAR AND 2 ORS.

Disposal: Disposed of

Holding

The award is stayed until the appeal is decided, and the claimant is allowed to seek withdrawal of the compensation.

Summary

The National Insurance Co. Ltd. (Applicant) appealed a Motor Accident Claims Tribunal award dated 12 January 2026 in Claim Petition No. 3 of 2024. The High Court considered that the entire award amount had already been deposited by the Applicant. Consequently, the Court stayed the operation of the award pending disposal of the First Appeal No. 57/2026. The Court also granted the original claimant, Respondent No. 1, permission to file an application to withdraw the compensation if she wishes. Finally, the Court disposed of the pending Civil Application No. 85/2026.

Issues considered

Whether the Motor Accident Claims Tribunal award should be stayed pending the outcome of the First Appeal.
Whether the original claimant may be permitted to withdraw the compensation awarded.

Subjects

Motor Accident Claims Tribunal
Compensation
Stay of award
Appeal
Withdrawal of compensation
Civil application

Judgment

2026:BHC-GOA:1913
                                               24 CA 85 2026

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                             CIVIL APPLICATION NO.85 OF 2026
                                           IN
                               FIRST APPEAL NO.57 OF 2026
           NATIONAL INSURANCE CO. LTD.                             ... APPLICANT
             Versus
           SUKSHATA KANKONKAR AND 2 ORS.                           ... RESPONDENTS


           Ms. Yadika Mandrekar, Advocate for the Applicant.


                                CORAM:- VALMIKI MENEZES, J.
                                DATED :- 24th September, 2026

           P.C.:
           1.      Considering that the entire amount under the Award has been
           deposited by the Applicant, the operation of the impugned Award
           dated 12.01.2026 in Claim Petition No. 3 of 2024 passed by Motor
           Accident Claims Tribunal, Margao shall stand stayed until disposal
           of the First Appeal No. 57/2026.


           2.      Leave is granted to the original claimant (Respondent No. 1)
           to file an appropriate application for withdrawal of the
           compensation, if she so leans to.


           3.    The Civil Application No. 85/2026 stands disposed of.



                                                         VALMIKI MENEZES, J.

                                                 Page 1 of 1
                                            24th September, 2026

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