Bombay High Court

BHAVITA VISHNU PATIL AND ANRversusUNITED INDIA INSURANCE CO. LTD.

Decided: 17 July 2026
Disposal: Disposed Off
Bench: PRAFULLA S KHUBALKAR

Holding

The legal representatives of the deceased respondent may be brought on record and are entitled to withdraw the statutory deposit with interest.

Summary

In a civil appellate matter, the original respondent, Smt. Ruchita Vishnu Patil, died during the pendency of the appeal, which was finally decided on 14 July 2025. The applicants sought to bring the legal representatives of the deceased respondent on record to enable withdrawal of a statutory deposit that had been placed before the Motor Accident Claims Tribunal. The court examined whether the legal representatives could be added after the death of the respondent for the purpose of withdrawing the deposit with interest. Relying on procedural provisions, the court held that the legal representatives could indeed be brought on record. Consequently, the application was allowed, the names of the legal representatives were entered, and they were permitted to withdraw the deposited amount with interest in equal proportion. The application was thereafter disposed.

Issues considered

Whether the legal representatives of a deceased respondent can be brought on record after the respondent's death for the purpose of withdrawing a statutory deposit.

Subjects

legal representatives
death of party
statutory deposit
Motor Accident Claims Tribunal
withdrawal of deposit
interim application
civil appeal

Judgment

                                                      63-IA-5014-2026.doc

Harish

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION
             INTERIM APPLICATION NO. 5014 OF 2026
                             IN
     FIRST APPEAL NO. 309 OF 2017 (decided on 14.07.2025)
Bhavita Vishnu Patil And Anr.                       ...Applicants
           V/s.
United India Insurance Co. Ltd.                     ...Respondent
_____________________________________________________________
Ms. Nidhi Shah i/b Jitendra Gor, for the Applicant.
Mr. , APP for the Respondent – State.
________________________________________________________
                 CORAM : PRAFULLA S. KHUBALKAR, J.
                 DATE     : 17TH JULY, 2026.
P.C. :-


1.         Heard learned counsel for the applicant.


2.         This is an application on behalf of the applicants for

bringing on record the legal representatives of deceased

respondent no.1.


3.         Learned counsel for the applicant submits that the

original respondent no.1 i.e. Smt. Ruchita Vishnu Patil, had

expired during pendency of the appeal and the appeal is finally

decided by this Court on 14.07.2025. It is pointed out that this

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                                                     63-IA-5014-2026.doc

Court has allowed the parties to withdraw the amount of

statutory deposit which was deposited before the Motor Accident

Claims Tribunal. However, at the time of withdrawal, it was

revealed the legal representatives of the deceased respondent

no.1 needs to be brought on record. Accordingly, this application

is filed.


4.          Considering the fact that the respondent no.1 has

expired during the pendency of the appeal leaving behind the

two legal representatives as mentioned in paragraph no.4 of the

instant application, the instant application is allowed and in

terms of Prayer Clause – A & B. Accordingly, the names of the

legal representatives as mentioned in paragraph no. 13-A be

brought on record, and the legal representatives are permitted to

withdraw the amount deposited along with          interest in equal

proportion.


5.          In view of this, the Application is allowed and disposed

of.


                                    (PRAFULLA S. KHUBALKAR, J.)


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