Naresh Sabne Vs The Chief Manager The New India Assurance Co. Limited and Ors. — Bombay HC (2025) — LawSathi Research

Naresh Sabne Vs The Chief Manager The New India Assurance Co. Limited and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The Applicant (the injured person, per the body of the judgment) is permitted to receive 50% of the amount deposited by the Insurance Company with accrued interest on furnishing an undertaking; the balance amount is to be invested in a Nationalized Bank.

Issue for consideration

Whether the Applicant (the injured person) should be permitted to withdraw the amount deposited by the Insurance Company, notwithstanding the Tribunal's finding of no permanent disability and the fact that he continued in service for almost five years after the accident before being discharged on medical grounds.

Court's answer

It cannot be said that the accident and the injuries sustained therein had no bearing on the Applicant's discharge from service; although prima facie there are observations that there is no permanent disability, it is not possible to embark on an inquiry into rival allegations at this stage, and the interest of justice would be subserved by permitting the Applicant to withdraw some amount.

Ratio / Principle

The Civil Application is partly allowed.

Key takeaways

The Applicant is permitted to receive 50% of the deposited amount with accrued interest on furnishing an undertaking.ratio¶¶17
The balance amount shall be invested in a Nationalized Bank.ratio¶¶18

Detailed headnote1 paragraphs

Civil Application No. 4188 of 2025 in FAST/35531/2024, High Court of Judicature at Bombay, Aurangabad Bench (Shailesh P. Brahme, J., 8 July 2025) — Interim withdrawal of amount deposited by the Insurance Company. The Applicant (described in the body as the injured person who was hospitalized after the accident of 18.11.2017 and discharged from service on medical ground from 18.05.2021, leaving the family without a source of income) sought withdrawal of Rs.14,87,311/- + Rs.25000/- = Rs. 15,12,311/- deposited by the Insurance Company. The insurer's counsel opposed, relying on the Tribunal's categorical finding that there is no permanent disability and pointing out that the Applicant remained in service for almost five years after the accident. Held: it cannot be said that the accident and the injuries sustained therein had no bearing on the discharge from service; though prima facie there are observations of no permanent disability, it is not possible to embark on an inquiry into rival allegations at that stage; the interest of justice would be subserved by permitting partial withdrawal. Civil Application partly allowed: the Applicant permitted to receive 50% of the amount with accrued interest on furnishing an undertaking; balance amount to be invested in a Nationalized Bank.

2025:BHC-AUG:17666

1 913(i).CA.4188-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CIVIL APPLICATION NO. 4188 OF 2025 IN FAST/35531/2024

THE CHIEF MANAGER, THE NEW INDIA ASSURANCE CO LIMITED

VERSUS

NARESH BHAGWANRAO SABANE AND OTHERS

Advocate for Applicant : Mr. Abhijit Choudhari Advocate for Respondent No.1 : Mr. Sonkawade Shrikant

CORAM : SHAILESH P. BRAHME, J. DATE : 8^th JULY 2025

PER COURT :

This application is for withdrawal of amount of Rs.14,87,311/- + Rs.25000/- = Rs. 15,12,311/- deposited by the Insurance Company. It is submitted by the learned Counsel for the Applicant that, considering the injuries sustained by the Applicant, the medical records, and the fact that he was discharged from service, the Applicant is entitled to amount. It is submitted that Applicant is in dire need of amount. He was hospitalized and considerable amount was spent. Presently there is no source of income to the family.

Per contra, Mr. Chaudhari learned Counsel for the Respondent/Insurance Company would submit that the Tribunal has recorded categorical finding that there is no permanent disability. The accident occurred on 18.11.2017 and the Applicant was discharged from services on 18.05.2021. After accident, he was in

2 913(i).CA.4188-2025.doc

service for almost five years. Therefore it is submitted that it is very risky to permit the Applicant to receive the amount.

I have considered rival submissions of the parties. I have also gone through impugned judgment. The accident occurred on 18.11.2017 and the Applicant sustained injuries. He was hospitalized and under medication. Thereafter on medical ground, he was discharged from 18.05.2021. Since then, there is no source of income to the family. It cannot be said that the accident and the injuries sustained therein had no bearing on his discharge from service. Prima facie, there are observations that there is no permanent disability. It is not possible to embark an inquiry into rival allegations at this stage. The interest of justice would be subserved in permitting the Applicant to withdraw some amount.

Civil Application is partly allowed.

Applicant is permitted to receive 50% of the amount with accrued interest on furnishing undertaking.

Balance amount shall be invested in the Nationalized Bank.

SHAILESH P. BRAHME JUDGE

NAJEEB..