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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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