Bombay High Court

RAJABAI LAXMAN WAGHMARE.versusM JALPATHRAO AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the applicant is entitled to withdraw the deposited amount and allowed the application.

Summary

The applicant, Rajabai Laxman Waghmare, filed a civil application seeking withdrawal of the entire amount that the court had directed to be deposited following a first appeal that enhanced her compensation. The enhanced compensation had been deposited by the insurance company on 16 February 2023 pursuant to the court's earlier judgment dated 1 February 2022. The applicant argued that, in view of the judgment, the deposited amount should be returned to her. The bench examined whether the applicant had a right to withdraw the amount already lodged with the court. Finding no legal impediment, the court allowed the withdrawal as per prayer clause B and disposed of the application. The order effectively restores the deposited sum to the applicant.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited by the insurance company after the court enhanced the compensation award.

Subjects

withdrawal of court-ordered deposit
compensation enhancement
insurance claim
civil application
High Court of Bombay

Judgment

2026:BHC-AUG:38704




                                             1                         917 ca 9612.26

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 9612 OF 2026
                                           IN
                               FIRST APPEAL NO. 101 OF 2007

                        Rajabai Laxman Waghmare                 ..   Applicant

                             Versus

                           M. Jalpathrao and others                    ..
                 Respondents

                 Shri Devanand Y. Nandedkar, Advocate for the Applicant.
                 Shri M. R. Goyanka, Advocate for the Respondent Nos. 2 and 3.

                                   CORAM : MANJUSHA A. DESHPANDE, J.
                                    DATE : 27TH AUGUST, 2026.

                 ORDER :


                 .      This application is filed by the appellant, who is original
                 claimant seeking withdrawal of the entire amount directed to be
                 deposited by this Court while deciding the first appeal filed by
                 the claimant vide judgment and award dated 01.02.2022.


                 2.     The appeal filed by the claimant – applicant has been
                 partly allowed by enhancing the compensation amount.            Said
                 enhanced amount has been deposited by the Insurance Company
                 in this Court on 16.02.2023.


                 3.     In view of the same, the applicant has filed present
                 application seeking withdrawal of the amount. In view of the
                             2                       917 ca 9612.26

judgment and award passed by this Court, the civil application
for withdrawal of amount is allowed in terms of prayer clause ‘B’.
The civil application is disposed of.



                                 [ MANJUSHA A. DESHPANDE J. ]


bsb/Aug. 26

Continue reading with your account

Checking your session…