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Umesh Bhikanrao Bhosale and Ors. v. Suraj Sahebrao Patil (Dec) Thr.Lrs. Shraddha Suraj Patil and Ors.

Bombay HC6 Aug 2025IA/10464/2025

Case brief

AI extract

What is this about?

Interim application; withdrawal of decretal amount; 20% partial withdrawal; undertaking to refund with interest; fixed deposit with nationalized bank; MACT Nashik; motor accident claim; New India Insurance; First Appeal No. 1555 of 2025; Bombay High Court; Rajesh S. Patil, J.; impugned judgment and award dated 30 May 2024.

What did the court decide?

Applicant (original claimant) permitted to withdraw 20% of the decretal amount deposited by the Insurance Company, upon furnishing an undertaking before the MACT to refund the amount with interest if the First Appeal fails; Registry to transfer the withdrawn amount directly to the claimant's sole account; balance to be invested in fixed deposit with a nationalized bank. ¶37

Umesh Bhikanrao Bhosale and Ors. vs Suraj Sahebrao Patil (Dec) Thr.Lrs. Shraddha Suraj Patil and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the original claimant (Applicant) should be permitted to withdraw part of the decretal amount deposited by the Appellant – Insurance Company before the MACT, Nashik, during the pendency of First Appeal No. 1555 of 2025. +1 more

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Court's answer

In the interest of justice, the Applicant is permitted to withdraw 20% of the decretal amount deposited by the Insurance Company, as per the ratio of the impugned judgment and award dated 30 May, 2024.

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Ratio / Principle

The 20% withdrawal is allowed upon the Applicant furnishing an undertaking before the MACT that, if he fails in the First Appeal, he will return the amount with interest at such rate as may be directed by this Court at the time of disposal of the First Appeal.

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Key takeaways

The Registry is to verify and ensure that the withdrawn amount is transferred directly into the sole account of the claimant.ratio¶28
The balance amount shall be invested in a fixed deposit of a nationalized bank initially for a period of one year and thereafter for like periods depending on the pendency before this Court.ratio¶30

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.) — Interim Application No. 10464 of 2025 in First Appeal No. 1555 of 2025 (General Manager, The New India Insu. Co. Ltd. v. Umesh Bhikanrao Bhosale & Ors.), decided 4 September 2025. The original claimant sought withdrawal of the amount deposited by the Insurance Company before the MACT, Nashik; the insurer filed no opposing reply. The Court permitted withdrawal of 20% of the decretal amount (as per the ratio of the impugned judgment and award dated 30 May, 2024), conditional on the claimant furnishing an undertaking before the MACT to refund the amount with interest, at a rate to be fixed by the High Court at disposal of the First Appeal, if the appeal fails. The Registry was directed to transfer the withdrawn amount directly to the claimant's sole account, and the balance was ordered to be kept in fixed deposit with a nationalized bank for one year, extendable for like periods depending on pendency. The interim application was disposed of accordingly.

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KVM

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54 - IA 10464 OF 2025.doc

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Digitally signed KANCHANVINOD by KANCHANVINODMAYEKAR MAYEKAR Date: 2025.09.10 20:14:14 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 10464 OF 2025

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FIRST APPEAL NO. 1555 OF 2025

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Umesh Bhikanrao Bhosale ….. Applicant

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IN THE MATTER BETWEEN

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General Manager, The New India Insu. Co. Ltd. ….. Appellant

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VERSUS

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Umesh Bhikanrao Bhosale & Ors. ….. Respondents

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Mr. P. K. Bohade for the Applicant.

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Mr. D. S. Joshi for the Respondent No.2.

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CORAM : RAJESH S. PATIL, J.

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DATE : 4 SEPTEMBER , 2025

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P.C. :-

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This Interim Application is filed by the original claimant

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seeking withdrawal of the amount deposited by the Appellant – Insurance Company before the MACT, Nashik.

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Appellant - Insurance Company has not filed reply opposing this Application.

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KVM

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54 - IA 10464 OF 2025.doc

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The Applicant submits that due to the unfortunate accident, they have suffered financially and mentally. The Applicants submitted that they have no sufficient source of income, therefore, the present Application has been filed.

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I have heard Counsel for both the sides and also I have gone through the contents of the Interim Application. According to me, in the interest of justice, it would be appropriate if the Applicant are permitted to withdraw 20% of the decretal amount deposited by the Insurance Company as per the ratio mentioned in the impugned judgment and award dated 30 May, 2024.

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The Registry should verify and see to it that the amount is directly transferred in the sole account of the claimant.

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The 20% of the decretal amount awarded to the Applicant is allowed to be withdrawn, upon furnishing an undertaking before the MACT to the effect that if he fails in this First Appeal, he will return the amount with interest, at such rate as may be directed by this Court at the time of disposal of the First Appeal.

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