Bombay High Court

RADHIKA BANDU RAUT AND ORS.versusLIBERTY GENERAL INSURANCE LTD.

Disposal: Disposed Off
Bench: M M SATHAYE

Holding

The Court permitted the claimants to withdraw 50% of the deposited amount subject to an undertaking that the sum be returned with interest if the final appeal is decided against them.

Summary

The claimants, who are the wife, children and parents of a deceased agricultural worker, applied to the High Court for permission to withdraw half of the amount deposited by Liberty General Insurance Ltd. before the Motor Accident Claims Tribunal, Solapur. The insurance company opposed, arguing that the deceased's agricultural income continued and that the Tribunal's assessment of supervision charges at ₹300 per month and the one‑fifth deduction were excessive. The Court examined the Tribunal's findings, noting that the source of income (agricultural land) remained intact and that the loss was merely supervisory in nature. It held that a 50% withdrawal could be allowed, provided the claimants execute an undertaking to return the amount with interest if the final appeal outcome is adverse. The remaining funds are to be invested according to prevailing practice, and the interim application was disposed accordingly.

Issues considered

Whether the claimants may withdraw a portion of the amount deposited by the insurer pending the final decision of the Motor Accident Claims Tribunal.
Whether the continuation of agricultural income negates the loss assessed by the Tribunal.
Whether the Tribunal's calculation of supervision charges and the one‑fifth deduction is appropriate.

Subjects

interim application
insurance claim
Motor Accident Claims Tribunal
partial withdrawal
agricultural income
supervision charges
undertaking

Judgment

13-IA-161-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 161 OF 2026
IN
FIRST APPEAL NO. 1301 OF 2025

Radhika Bandu Raut And Ors. … Applicants
IN THE MATTER BETWEEN.
Liberty General Insurance Ltd. … Appellant (Orig Res No. 2.)
Versus
Radhika Bandu Raut And Ors. … Respondents
***
Mr. Rupesh Bobade for the Applicants.
Mr. Aditya Ghadge h/f Mr. Phatak Sachin for the Appellant-Insurance
Company.
***
CORAM : M. M. SATHAYE, J.
DATE : 18th March, 2026.
P. C. :

1. Heard learned Counsel for the parties.
2. This is an application filed by the claimants seeking withdrawal of the
amount deposited by the Appellant–Insurance Company before the Tribunal.
3. Learned counsel for the Applicants submitted that the Claimants are
the wife, children, and parents of the deceased, who was earning from
agricultural income. He submitted that the deceased was the sole
breadwinner of the family and that Claimants were dependent on the income
of the deceased for their survival and welfare. He further submitted that the
children of the deceased are pursuing their education and require financial
support, and that the aged parents require funds for medical expenses.
Digitally
signed by
TALLE
TALLE SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
2026.03.18
17:33:13
+0530
Shubham 1
13-IA-161-2026.doc

4. Learned counsel for the appellant–Insurance Company opposed the
application, contending, inter alia, that the only income claimed in the
present case is from agriculture and, therefore, the source of income has not
been lost. It is further contended that the loss assessed by the Tribunal at
₹300 per month towards supervision charges is on higher side. He also
submitted that a deduction of one-fourth (1/4) ought to have been applied
instead of the one-fifth (1/5) applied by the Tribunal.
5. Considered the submissions. Perused the impugned judgment,
particularly paragraph Nos. 17 and 18 thereof. Considering that the loss has
been assessed as supervision charges and that the source of income i.e.
agricultural land, continues, in my view, at this stage, withdrawal of 50% of
the amount can be permitted on undertaking. Hence, the following order is
passed:
(a) Subject to the Applicants filing an undertaking before the
Motor Accident Claims Tribunal, Solapur, stating that the
amount withdrawn shall be subject to the final outcome of the
Appeal and that the Applicants shall bring back the amount
withdrawn along with such interest as may be directed by the
Court, the Applicants are permitted to jointly withdraw 50% of
the amount deposited by the Appellant–Insurance Company
along with accrued interest, if any.
(b) The remaining amount be invested as per the prevalent
practice.
6. Interim Application is disposed of in the above terms.

[ M. M. SATHAYE, J. ]

Shubham 2

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