Allowed¶22

Jyoti Bhagwan Waghmare and Ors. v. Bajaj Allianz Genral Insurance Company Ltd. and Anr.

Bombay HC14 Aug 2025IA/11007/2025

Case brief

AI extract

What is this about?

Bombay High Court interim application in pending first appeal against Tribunal accident-compensation award; claimant-applicants (dependants of deceased sole earner, without other income) allowed to withdraw 25% of deposited amount with accrued interest on usual undertaking; insurer's objection (offending vehicle allegedly not involved) deferred to final hearing; judge Shivkumar Dige; dated 14 August 2025.

What did the court decide?

Applicants permitted to withdraw 25% of the deposited amount along with accrued interest thereon, on furnishing the usual undertaking; the interim application disposed of accordingly. ¶22

Jyoti Bhagwan Waghmare and Ors. vs Bajaj Allianz Genral Insurance Company Ltd. and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to withdraw 25% of the deposited amount along with accrued interest thereon, on furnishing the usual undertaking; the interim application disposed of accordingly.

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Issue for consideration

Whether the applicants (claimants/respondents in the appeal) should be permitted to withdraw a portion of the compensation amount deposited pursuant to the Tribunal award, pending final hearing of the appeal. +1 more

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Court's answer

The deceased was the sole earning member of the applicants' family; the applicants have no source of income and need the amount for daily expenses, supporting release of the deposited amount to them.

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Ratio / Principle

The grounds raised by the appellant-Insurance Company against the Tribunal award can be considered at the time of final hearing of the appeal and do not stand in the way of interim release of funds to the applicants.

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Key takeaways

The applicants are permitted to withdraw 25% of the deposited amount along with accrued interest thereon, on furnishing the usual undertaking.ratio¶23

Detailed headnote1 paragraphs

Interim Application No. 11007 of 2025 in First Appeal No. 215 of 2024 (Bajaj Allianz General Insurance Company Ltd., appellant v. Jyoti Bhagwan Waghmare and others), High Court of Judicature at Bombay (Shivkumar Dige, J.), 14 August 2025: The claimant-applicants sought withdrawal of the compensation amount deposited following the Tribunal award. The Court noted that the deceased was the sole earning member of the applicants' family, that the applicants had no source of income and needed the amount for daily expenses, and held that the grounds raised by the appellant-Insurance Company (including its contention that the offending vehicle was not involved in the accident and that the Tribunal award was erroneous) could be considered at the time of final hearing of the appeal. The application was accordingly allowed: the applicants were permitted to withdraw 25% of the deposited amount along with accrued interest thereon on furnishing the usual undertaking, and the interim application was disposed of.

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902-IA-11007-25 (withdrawl).doc

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S.S.Kilaje

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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. 11007 OF 2025

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FIRST APPEAL NO. 215 OF 2024

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SONALI Digitally signedby SONALISATISH SATISHKILAJE KILAJEDate:2025.08.1810:25:04+0700

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Jyoti Bhagwan Waghmare & Ors. … Applicants In the matter of Bajaj Allianz General Insurance Company Ltd. … Appellant Versus Jyoti Bhagwan Waghmare And Ors. ... Respondents

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Mr. Sudarshan Wani a/w. Mr. Tanmay Jadhav, Advocates for the Applicants. Mr. Aditya Ghadge i/b. Mr. Sarthak S. Diwan, Advocate for Appellant.

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CORAM : SHIVKUMAR DIGE, J. DATED : 14^th AUGUST, 2025.

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P. C. :

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By this application, applicants are seeking withdrawal of amount.

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It is the contention of learned counsel for the applicants that deceased was a sole earning member of applicant’s family. Applicants have dependent on the income of deceased. Applicants need the amount for daily expenses and they have no source of income. Hence, requested to allow the application.

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It is contention of learned counsel for appellant-Insurance Company that the offending vehicle was not involved in the accident but in spite of that the Tribunal has awarded compensation which is erroneous, hence

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1/2

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902-IA-11007-25 (withdrawl).doc

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S.S.Kilaje

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requested to reject the application.

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I have heard both the learned counsel. The deceased was the sole earning member of the applicants’ family. Applicants have no source of income. Applicants need the amount for daily expenses. The grounds raised by the appellant- Insurance Company can be considered at the time of final hearing of the appeal. Hence, considering this fact, I pass following order :

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ORDER

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(i) The application is allowed.

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(ii) The applicants are permitted to withdraw 25% amount out of deposited amount along with accrued interest thereon on out of deposited amount on furnishing usual undertaking.

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The Interim application is disposed of.

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( SHIVKUMAR DIGE, J.)

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Jyoti Bhagwan Waghmare and Ors. v. Bajaj Allianz Genral Insurance Company Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Jyoti Bhagwan Waghmare and Ors. v. Bajaj Allianz Genral Insurance Company Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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