Bombay High Court
SAMEER CHANDRAKANT NAIK AND 4 ORSversusTATA AIG GENERAL INSURANCE CO LTD
- Disposal
- Disposed of
Holding
The court may order partial withdrawal of deposited compensation upon a valid application supported by an undertaking.
Summary
The applicants, Sameer Chandrakant Naik and four others, filed a miscellaneous civil application seeking withdrawal of part of the compensation of Rs.53,87,368 deposited with the court in a claim against Tata AIG General Insurance Co. Ltd. The applicants explained that the deceased’s daughter (Respondent No.2) needed funds for further education, while the son (Respondent No.3) was a minor at the time of the accident. The court considered whether it could order a partial release of the deposited amount under the procedural rules governing such applications. Relying on the applicant’s undertaking and the need to meet the daughter’s educational expenses, the court directed that Rs.25 lakhs be remitted to the account of Applicant No.1, the father and husband of the deceased. The court required the filing of an aidavit with account details and a copy of the passbook, and an undertaking from all three applicants before release. The remaining balance of the compensation stays with the court, and the application was disposed of accordingly.
Issues considered
- Whether the court may order partial withdrawal of compensation deposited in the registry upon application and appropriate undertaking
Subjects
- compensation
- withdrawal
- civil procedure
- insurance claim
- minor
- education funding
Judgment
29-MCA-524-2026.DOC
Suchitra
IN THE HIGH COURT OF BOMBAY AT GOA
MISC. CIVIL APPLICATION NO.524/2026
IN
FIRST APPEAL NO.74/2026
SAMEER CHANDRAKANT
NAIK AND 4 ORS. … APPLICANTS
Versus
TATA AIG GENERAL
INSURANCE CO LTD. … RESPONDENT
Mr Vithal Naik (thr VC) and Adv U. Naik, for the Applicants.
Mr James Lopes, Advocate for the Respondent (thr VC).
CORAM: VALMIKI MENEZES, J.
DATED: 8th OCTOBER 2026
P.C. :
1. his is an application for withdrawal of part of the
compensation deposited in the Registry of this Court by the
Appellant. he compensation deposited is in an amount of
Rs.53,87,368/-. he reasons cited by the Applicants for
withdrawal of part of the compensation are that the Respondent
No.2 who is the daughter of the deceased, requires the part
amount to pursue further education. It is noted that Respondent
No.3, the son of the deceased, was a minor at the time the
accident claim was iled.
Page 1 of 2
8th October 2026
29-MCA-524-2026.DOC
2. For the reasons stated in the application, I am of the
opinion that an amount of Rs.25 lakhs shall be remitted to the
account of Applicant No.1, the father of Respondent Nos.2 and 3
and husband of the deceased. An aidavit stating the details of
the account of the Applicant No.1 in which this amount is to be
deposited, shall be iled in the Registry along with a copy of the
pass book of that account. he amount shall be remitted within
two weeks of submitting the said aidavit. All three Applicants
shall ile an undertaking in usual form prior to release of the said
amount.
3. Misc Civil Application No.524/2026 stands disposed of.
VALMIKI MENEZES, J.
Signed by: SUCHITRA NANDAN Page 2 of 2
SINGBAL 8th October 2026
Designation: Personal Assistant
Date: 08/10/2026 15:08:39
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