Cholamandalam Ms General Insurance Co. Ltd., Thr. Its Branch Manager, Nagpur Vs Meena Manoj Tiwari and Others — Bombay HC (2025) — LawSathi Research

Cholamandalam Ms General Insurance Co. Ltd., Thr. Its Branch Manager, Nagpur Vs Meena Manoj Tiwari and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to withdraw 75% of the compensation amount deposited in Court with accrued interest (50% on usual undertaking; remaining 25% on solvent surety/security to the satisfaction of the Registrar); Registrar (J) to transfer the amount to the applicants' bank accounts per the Award within four weeks; in CAF 666 of 2025, fresh notice to respondent No. 4 returnable after four weeks.

Issue for consideration

Whether the applicants (respondent Nos. 1 to 3) are entitled to withdraw the compensation amount deposited in this Court by the appellant Insurance Company, and if so, in what proportion and on what conditions. +1 more

Court's answer

The applicants are entitled to withdraw 75% of the compensation amount deposited in this Court along with accrued interest thereon - 50% subject to furnishing the usual undertaking, and the remaining 25% on furnishing a solvent surety/security to the satisfaction of the Registrar; accordingly, the application is partly allowed.

Ratio / Principle

The Registrar (J) is directed to transfer 75% of the compensation amount to the respective applicants' bank accounts, as per the Award, within four weeks, subject to furnishing the usual undertaking and a solvent surety to the satisfaction of the Registrar and upon their furnishing bank account details to the Registry.

Key takeaways

In Civil Application No (CAF) 666 of 2025, fresh notice was ordered to be issued to respondent No. 4, returnable after four weeks.ratio¶19

Detailed headnote1 paragraphs

Motor accident compensation - interim withdrawal of deposited compensation pending First Appeal ST No. 670 of 2025 - Applicants (respondent Nos. 1 to 3) sought withdrawal of the compensation amount deposited by the appellant Insurance Company (The Cholamandalam MS Gen Ins Co Ltd); appellate counsel raised no objection to 50% withdrawal subject to usual undertaking - Held: applicants entitled to withdraw 75% of the deposited compensation with accrued interest, 50% on furnishing the usual undertaking and the remaining 25% on furnishing a solvent surety/security to the satisfaction of the Registrar - Registrar (J) directed to transfer 75% to the applicants' bank accounts, as per the Award, within four weeks, upon undertaking, solvent surety and bank account details - Application partly allowed - In connected Civil Application No (CAF) 666 of 2025, fresh notice issued to respondent No. 4, returnable after four weeks (Abhay J. Mantri, J.; 08-07-2025).

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION NO (CAF) 2365 OF 2025 AND CIVIL APPLICATION NO (CAF) 666 OF 2025 IN

FIRST APPEAL ST NO. 670 OF 2025

(The Cholamandalam MS Gen Ins Co Ltd Vs. Mina wd/o Manoj Tiwari and ors)

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions

and Registrar's orders

- - - - Mr. V.D. Akhase, Advocate h/f Mr. Amit Kukday, Advocate for the applicant. Ms. P. D. Tekade, Advocate for respondent Nos. 1 to 3.

CORAM : ABHAY J. MANTRI, J. DATED : 08-07-2025

Heard.

Applicants/respondent Nos. 1 to 3 have filed this application for permitting them to withdraw the compensation amount deposited by the appellant Insurance Company in the Court. Learned counsel for the appellant has given no objection to withdraw the 50% compensation amount, subject to furnishing the usual undertaking to the satisfaction of the Registrar.

Having considered the above facts and reasons disclosed in the application, as well as having gone through the judgment and award of the learned Tribunal, I am of the view that the applicants are entitled to withdraw 75% of the compensation amount deposited in this court, along with accrued interest thereon as under. The applicant is entitled to withdraw the 50% compensation amount, subject to furnishing the usual undertaking, and the remaining 25% on furnishing a solvent surety/security to the satisfaction of the Registrar. Accordingly, the application is partly allowed.

The Registrar (J) is directed to transfer 75% of the compensation amount to the respective applicants' bank account, as per the Award, within four weeks, subject to furnishing the usual

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undertaking and a solvent surety to the satisfaction of the Registrar and upon their furnishing bank account details to the Registry.

CIVIL APPLICATION NO (CAF) 666 OF 2025

Heard.

Issue fresh notice to respondent No. 4, returnable after four weeks.

(ABHAY J. MANTRI, J.)

Belkhede