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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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                                    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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                             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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                                5 October 2026


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