Bombay High Court

AUDREY DINIZversusICICI LOMBARD GENERAL INSURANCE CO. LTD. THR LEGAL OFFICER NANDITHA PILLAI AND 2 ORS

Disposal: Partly allowed

Holding

The Court partially allowed the application, directing the release of Rs.25,00,000 from the deposited award.

Summary

The applicant, Audrey Diniz, filed a miscellaneous civil application seeking the release of the entire awarded sum of Rs.58,19,212 deposited with the court, citing personal hardship due to the death of her father and spouse and a 30% mobility disability. The High Court examined the record of the Motor Accident Claims Tribunal (MACT), South Goa, and noted that the Tribunal had erred by considering the claimant's total income rather than only her professional earnings when assessing the quantum of award. The Court held that, pending the appeal before the MACT, a partial release of approximately 50% of the awarded amount would be appropriate. Accordingly, the Court ordered the release of Rs.25,00,000 to the applicant’s bank account upon furnishing an undertaking. The order clarified that this partial release does not preclude the applicant from seeking further releases based on medical needs as determined by the MACT. The miscellaneous civil application was thereafter disposed of.

Issues considered

Whether the court should permit the withdrawal of the entire awarded amount deposited with it in view of the claimant's personal circumstances.
Whether the alleged error by the MACT in assessing the claimant's income warrants a partial release of the awarded sum pending appeal.

Subjects

Motor Accident Claims Tribunal
partial release of award
disability
court order
withdrawal of deposited amount
appeal

Judgment

2026:BHC-GOA:1965                               (3) MCA 610.2026




                    Sonam


                            IN THE HIGH COURT OF BOMBAY AT GOA

                                 MISC. CIVIL APPLICATION NO. 610 OF 2026
                                                       IN
                                       FIRST APPEAL NO. 1518 OF 2026 (F)

                     AUDREY DINIZ                                  … Applicant

                                              Versus

                     ICICI LOMBARD GENERAL
                     INSURANCE CO. LTD. THR.
                     LEGAL OFFICER NANDITHA                        …Respondents
                     PILLAI AND 4 ORS.

                    Mr. Antonio Godinho with Mr. K. Dessai, Advocates for the
                    Applicant.

                    Ms. Gauri Borkar (through V.C.), Advocate for the Respondent
                    No. 1.

                                       CORAM : VALMIKI MENEZES, J.
                                       DATED : 3RD OCTOBER, 2026


                    P.C.:

                    1.      Registry to waive office objections in Miscellaneous

                    Civil Application No. 2558 of 2026 and register the matter.


                    2.      This is an application seeking release/withdrawal of the

                    entire deposited awarded amount of Rs. 58,19,212/-. The main

                                                 Page 1 of 4
                                              3rd October, 2026
                            (3) MCA 610.2026




ground seeking withdrawal of the amount is the need of the

claimant, who has stated that apart from her father, her spouse

also passed away and since she suffers from 30% disability in

movement owing to the injury sustained to her left leg, she is

unable to look after herself.


3.   After considering the record of the Motor Accident

Claims Tribunal (MACT), South Goa at Margao, and the

grounds taken up in the Appeal, I am of the opinion that, for the

time being, release of approximately 50% of the awarded

amount would suffice. This opinion is based upon the fact that

the Appellant has raised the ground with the MACT, South Goa

at Margao has committed an error in considering the entire

quantum of income returned instead of deducting their income

from the Fixed Deposit and other investments and considering

only the professional income of the claimant. This ground has

to be considered during the hearing of the Appeal.

Consequently, I therefore proceed to pass the following order.

The application is partly allowed. The Applicant would be

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                          3rd October, 2026
                            (3) MCA 610.2026




entitled to release the amount of Rs. 25,00,000/- (Rupees

Twenty Five Lakhs only) from the deposited awarded amount.

On the Applicant furnishing the undertaking in the usual form

within a week from today, the Registry of this Court shall

transfer the amount of Rs. 25,00,000/- (Rupees Twenty Five

Lakhs only) from the deposited awarded amount to the account

of the Applicant, details of which are given below:

CUSTOMER                AUDREY DINIZ
NAME:
BANK NAME:              INDIAN OVERSEAS BANK

BRANCH:                 GOGAL, SALCETE

ACCOUNT NO.             370701000000072

IFSC CODE:              10BA0003147




     The details of the account are furnished by the Applicant,

who is present in person in the Court.


4.   The transfer shall be effected within a week from the

undertaking being furnished. It is made clear that release of this

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                          3rd October, 2026
                         (3) MCA 610.2026




amount would not preclude the Applicant from filing further

application seeking release of further amounts based on the

medical needs, findings of which are given by the MACT,

South Goa at Margao in para No. 29 of its Judgment dated

11.12.2025.


5.   The Miscellaneous Civil Application stands disposed of.



                           VALMIKI MENEZES, J.




                          Page 4 of 4
                       3rd October, 2026

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