Bombay High Court
MRS.YOGITA SUNNY YEDE AND ORSversusTHE NEW INDIA ASSURANCE CO.LTD
- Decided
- Disposal
- Allowed
Holding
The court permitted the withdrawal of fifty percent of the deposited compensation, with interest, subject to an undertaking to return the amount if the appeal is decided against the insurer.
Summary
The case concerns an interim application (IA No. 7738/2026) filed by Mrs Yogita Sunny Yede and another claimant seeking to withdraw part of a compensation amount that the insurer, New India Assurance Co. Ltd., had deposited following a Motor Accident Claims Tribunal order. The applicants, who are the widow and mother of the deceased, argued that they are in urgent need of the funds. The insurer opposed the withdrawal, but the court considered the applicants’ dire circumstances. The High Court allowed the applicants to withdraw fifty percent of the deposited amount together with accrued interest, on the condition that they execute an undertaking to return the money if the appeal is ultimately decided against the insurer. The interim protection was therefore partly granted and the application was disposed of.
Issues considered
- Whether the claimants may withdraw a portion of the compensation amount deposited by the insurer pending the outcome of the appeal.
Subjects
- interim relief
- compensation withdrawal
- motor accident claims
- insurance
- appeal
- undertaking
Judgment
62-FAST-12832-2026 W IA-7738-2026(+).ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (STAMP) NO. 12832 OF 2026
The New India Assurance Co. Ltd. …Appellant
Versus
Mrs.Yogita Sunny Yede And Ors. …Respondents
WITH
INTERIM APPLICATION NO. 7738 OF 2026
IN
FIRST APPEAL (STAMP) NO. 12832 OF 2026
Mrs.Yogita Sunny Yede And Anr. …Applicants
Versus
The New India Assurance Co. Ltd. …Respondent
WITH
INTERIM APPLICATION NO. 4159 OF 2026
(For Stay)
WITH
INTERIM APPLICATION NO. 4158 OF 2026
(For Delay)
IN
FIRST APPEAL (STAMP) NO. 12832 OF 2026
The New India Assurance Co. Ltd. …Applicant
Versus
Mrs.Yogita Sunny Yede And Ors. …Respondents
Adv. Poushali Chakraborty i/b Adv. Abhinav Tewari, for the
Appellant & Applicant (Insurance Company) in FAST
No.12832/2026 and IA Nos. 4159/2026 and 4158/2026 and
Respondent in IA No. 7738/2026.
Adv. Jay D. Gupta i/b Adv. Vishnu D. Gupta, for the Applicant
in IA No. 7738/2026
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th
5 October 2026
62-FAST-12832-2026 W IA-7738-2026(+).ODT
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 5TH OCTOBER 2026
P. C:-
INTERIM APPLICATION NO. 7738 OF 2026
1. Heard learned counsel for applicants as well as learned
counsel for respondents.
2. This is an application for withdrawal of the amount of
compensation deposited by the Insurance Company.
3. Learned counsel for applicants submit that the amount of
compensation is deposited by the Insurance Company in
accordance with the judgment and order passed by the Motor
Accident Claims Tribunal. He submits that the applicants are the
original claimants and dependents of the deceased and are in
dire need of the amount. He submits that the applicant no.1 is
the widow and the applicant no.2 is the mother of the deceased
and they are entitled for withdrawal of the amount.
4. Although the application is opposed, considering the
reasons mentioned and the submissions advanced about needs
of the applicants, at this stage, the applicants are permitted to
withdraw 50% of the amount deposited along with accrued
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th
5 October 2026
62-FAST-12832-2026 W IA-7738-2026(+).ODT
interest, subject to furnishing an undertaking that in case the
appeal is decided against the appellants, they will return the
amount.
5. Interim protection is partly allowed and disposed of.
(PRAFULLA S. KHUBALKAR, J.)
VDMokal/-
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th
5 October 2026
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