Bombay High Court

SHANTA LAXMAN CHAUHAN AND 4 ORSversusPRAKASH MAHOTE AND 4 ORS

Disposal: Allowed

Holding

The Court allowed the partial release of Rs.16,00,000 in equal shares to the applicants, subject to the stipulated fixed‑deposit condition for Applicant No.5.

Summary

The applicants filed a miscellaneous civil application seeking the withdrawal of fifty percent of the compensation awarded by the Motor Accident Claims Tribunal (MACT) in a motor accident case. Applicant No.1, the grandmother, was appointed guardian ad litem for the mentally challenged Applicant No.5. The MACT award split liability equally between Respondent No.5 (Bajaj Allianz) and Respondents No.1 and 2, and Respondent No.5 had already deposited the full amount of Rs.66,03,085. The High Court considered that releasing a portion of the deposited sum would suffice pending the outcome of the appeal filed by Respondent No.4. Accordingly, the Court ordered the release of Rs.16,00,000 in equal shares of Rs.3,20,000 to each of the five applicants, with the share for Applicant No.5 to be placed in a five‑year fixed deposit under the supervision of his guardian. The application was disposed of with the partial release order.

Issues considered

Whether the High Court may order partial release of compensation awarded by the MACT pending the resolution of the appeal
Whether the guardian ad litem can be directed to invest the beneficiary's share in a fixed deposit for the benefit of a mentally challenged person

Subjects

Motor Accident Claims Tribunal
compensation
guardian ad litem
mental disability
partial release
fixed deposit
appeal

Judgment

2026:BHC-GOA:1684                              (3) MCA 443.2026




                    Sonam


                            IN THE HIGH COURT OF BOMBAY AT GOA

                              MISC. CIVIL APPLICATION NO. 443 OF 2026
                                                 IN
                                       FIRST APPEAL NO. 37 OF 2025

                     SHANTA LAXMAN CHAUHAN                        … APPLICANT
                     AND 4 ORS.
                                  Versus

                     PRAKASH MAHOTE AND 4 ORS                     …RESPONDENTS


                    Mr. Milton Marshal and Mr. Pranav Vaze, Advocates for the
                    Applicant.

                    Mr. Pankaj Shirodkar (through V.C.), Advocate for
                    Respondent No. 5.

                                         CORAM : VALMIKI MENEZES, J.

                                          DATED : 20th AUGUST, 2026

                    P.C:

                    1.       This is an application seeking withdrawal of 50% of
                    the compensation with interest awarded by the Motor
                    Accident Claims Tribunal (MACT) at Panaji. The
                    Applicants are the original claimants in the claim petition,
                    first Applicant is the grandmother of the Applicant Nos. 2,
                    3, 4 and 5. Learned Advocate Mr. Marshal for the
                    Applicants submits that the grandmother, Applicant No.1

                                                Page 1 of 4
                                             20th August, 2026
                         (3) MCA 443.2026




was appointed as the guardian ad-litem of Applicant No.5
before the MACT at Panaji since the Applicant No. 5 is
mentally challenged person.

2.   The award apportions the liability to pay the
compensation to the extent of 50% on the Respondent No.
5/Bajaj Allianz and 50% together on Respondent Nos. 1 and
2.

3.   Considering these findings of the Trial Court, and the
fact that the Respondent No. 5 has deposited the entire
compensation amounting to Rs. 66,03,085/- before this
Court, if the Respondent No. 4, who is the original
Appellant even partly succeeds in the Appeal, it would have
to be secured to the 50% of the deposited amount.

4.   In this view of the matter, I am of the opinion that the
release of an amount of Rs. 16,00,000/- in favour of the
Applicants for the time being would suffice.

5.   Consequently, I allow the application to the extent that
the Registry shall release to the Applicants, in the below
mentioned proportion, an amount of Rs. 16,00,000/- within
a period of three weeks from today.




                          Page 2 of 4
                       20th August, 2026
                          (3) MCA 443.2026




6.   The amount of Rs. 16,00,000/- shall be released in the
following proportion:

Applicant No. 1                    Rs. 3,20,000/-

Applicant No. 2                    Rs. 3,20,000/-

Applicant No. 3                    Rs. 3,20,000/-

Applicant No. 4                    Rs. 3,20,000/-

Applicant No. 5                    Rs. 3,20,000/-



     The aforementioned amounts shall be released to the
accounts of the respective Applicants, details of which are
given in paragraph 7 of the application.

7.   Since Applicant No. 5 is represented by his guardian
ad-litem i.e. Applicant No. 1, an amount of Rs. 3,20,000/-
due to him shall be transferred to his account with a rider
that the Applicant No. 1, who is his guardian ad-litem and
signatory to the account shall ensure that the same is
invested in the Fixed Deposit for a period of five years and
the interest from such deposit shall stand credited to the
account and be utilized for the expenses of the Applicant
No. 5.


                           Page 3 of 4
                        20th August, 2026
                        (3) MCA 443.2026




8.   The application stands disposed of in the above terms.




                                      VALMIKI MENEZES, J.




                         Page 4 of 4
                      20th August, 2026

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