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Bombay High Court

GAURI JAYANT SAWANT AND ORS.versusLIBERTY GENERAL INSURANCE LTD.

Disposal
Disposed Off

Holding

The court permitted the applicants to withdraw fifty percent of the deposited amount, subject to an undertaking to restore it with interest if required by the final judgment.

Summary

The applicants, dependents of a deceased agriculturist who also ran a small hotel, sought to withdraw half of the amount deposited by Liberty General Insurance Ltd. with the Motor Accident Claims Tribunal, arguing their financial dependence on the deceased. The insurer contended that the deceased's income from the hotel and agricultural activities had been overestimated and should be reduced. The court examined the tribunal's reliance on the deceased's small‑savings‑deposits and revenue records in assessing income and supervisory charges. Finding that the amount was granted based on material on record, the court allowed the withdrawal of 50% of the deposited sum, subject to an undertaking to return the amount with interest if the final appeal outcome requires it. The remaining balance was ordered to be invested as per prevailing practice, and the interim application was disposed.

Issues considered

  • Whether the applicants may withdraw 50% of the amount deposited by the insurer pending the final determination of the claim

Subjects

  • insurance claim
  • motor accident claims tribunal
  • interim relief
  • withdrawal of deposited amount
  • assessment of income
  • dependents of deceased
  • undertaking

Judgment

                                                                                         905-IA-184-2026.doc



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

                                           INTERIM APPLICATION NO. 184 OF 2026
                                                           IN
                                              FIRST APPEAL NO. 1355 OF 2025

                      Gauri Jayant Sawant And Ors.                                … Applicants
                      IN THE MATTER BETWEEN
                      Liberty General Insurance Ltd.                              … Appellant
                                                   Versus
                      Gauri Jayant Sawant And Ors.                                … Respondents
                                                    ***
                      Mr. Rupesh Bobade for the Applicants.
                      Mr. Aditya Ghadge h/f Mr. Phatak Sachin for the Respondent.
                                                    ***
                                                                 CORAM     :   M. M. SATHAYE, J.
                                                                 DATE      :   18th March, 2026.

                      P. C. :

                      1.        Heard learned counsel for the parties. This is an application filed by
                      the claimants seeking withdrawal of the amount deposited by the
                      Appellant/Insurance Company with the concerned Tribunal.
                      2.        Learned counsel for the Claimants submitted that the deceased was an
                      agriculturist with a small hotel business and was the sole bread-winner of the
                      family. He further submitted that all the Claimants were fully dependent on
                      the income of the deceased for their survival and welfare. He further
                      submitted that Applicant Nos. 2 and 3, who are minor children of the
                      deceased, are pursuing their education and require financial support. It is
                      also submitted that Applicant No. 4, the mother of the deceased, requires
         Digitally
         signed by    funds for her medical expenses.
         TALLE
TALLE    SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
         2026.03.18
         17:33:12
         +0530
                      Shubham                                1
                                                                    905-IA-184-2026.doc



3.        On the other hand, learned counsel for the Appellant–Insurance
Company submitted that the income of the deceased from the alleged hotel
business as well as agricultural activities has been assessed on the higher
side. He submitted that the alleged income from the hotel business requires
appropriate reduction.
4.        Considered the submissions. Paragraph Nos. 17 to 19 of the impugned
judgment have been perused. The Tribunal has considered the statement of
account of the small-savings-deposits of the deceased for determining the
income from the hotel business and has also relied on the revenue records for
assessing the loss of supervisory charges, thereby arriving at an additional
figure.
5.        Considering that the amount has been granted based on the material
placed on record, at this stage, in my view, withdrawal of 50% of the amount
can be permitted on the usual 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 withdrawn
     amount 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)         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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