Bombay High Court

UNITED INDIA INSURANCE CO LTDversusHEMANT PARSHURAMNAIK AND ANR

Decided: 23 September 2026
Disposal: Allowed To be withdrawn

Holding

The court permitted the withdrawal of the application, ordered transfer of the statutory deposit with interest to the Motor Accident Claims Tribunal, and directed refund of the court fee.

Summary

The appellant, United India Insurance Co. Ltd., filed a civil application seeking withdrawal of its claim. The court, upon instruction from the appellant's counsel, allowed the withdrawal and ordered that the statutory deposit with interest be transferred to the Motor Accident Claims Tribunal, Thane, permitting the claimants to withdraw the amount. Additionally, the court directed a refund of the court fee as per the applicable rules. No substantive dispute on liability was addressed as the matter was disposed by withdrawal. The order was signed by Justice S. M. Modak on 23 September 2026.

Issues considered

Whether the appellant may withdraw the pending civil application
Whether the statutory deposit should be transferred to the Motor Accident Claims Tribunal
Whether the court fee is refundable upon withdrawal

Subjects

withdrawal of application
statutory deposit
Motor Accident Claims Tribunal
court fee refund
Civil appellate jurisdiction
insurance claim

Judgment

                                                                   902-FA-394-2012+CAF-644-2012.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION


SATISH                                   FIRST APPEAL NO.394 OF 2012
RAMCHANDRA                                          WITH
SANGAR
                                      CIVIL APPLICATION NO.644 OF 2012
Digitally signed by
SATISH RAMCHANDRA
SANGAR
Date: 2026.09.24
11:10:55 +0530        United India Insurance Co. Ltd.                   ...Appellant/Applicant

                             V/s.
                      Mr.Hemant Parshuram Naik and Anr.                        ...Respondents
                                                         *****

                      Mr.Amol A.Gatne (Through V.C.) Advocate for Appellant/Applicant.
                      Ms.Dhanashree         Bhate      i/b. Advocate for Respondent No.1.
                      Mr.Saurabh Oka:-

                                                    *****
                                               CORAM :           S. M. MODAK, J.
                                               DATE        :     23rd SEPTEMBER 2026
                      P. C. :-

                      1.     On the basis of instructions received from the Appellant

                      Insurance Company, the learned Advocate                Shri.Gatne seeks

                      withdrawal. It is disposed of as withdrawn. Pending Applications also

                      stand disposed of.

                      2.     The statutory deposit along with the interest be transferred to the

                      Motor Accident Claims Tribunal – Thane and the Claimants are at

                      liberty to withdraw that amount.


                      Satish Sangar                                                              1/2
                                           902-FA-394-2012+CAF-644-2012.doc


3.     Refund of Court Fee as per the Rules.


                                    [S. M. MODAK, J.]




Satish Sangar                                                            2/2

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