Vaishali Govind Raut and Ors. vs Bajaj Allianz General Insurance Company Ltd. — Bombay HC (2025) — LawSathi Research

Vaishali Govind Raut and Ors. vs Bajaj Allianz General Insurance Company Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The applications stand allowed and disposed of in the above terms: the respondents/claimants are permitted to withdraw the amount deposited by the insurer, 50% on undertaking and the remaining 50% on furnishing one solvent surety to the satisfaction of the Tribunal.

Issue for consideration

Whether the claimant-applicants (respondents in the appeals) should be permitted to withdraw the amount deposited by the appellant-insurer, notwithstanding the insurer's contention that the evidence led before the Tribunal does not make out a case for the appellant and does not prove the involvement of the insured vehicle.

Court's answer

There is no dispute that a charge-sheet has been filed against the driver of the offending vehicle, and there is no denial that the charge-sheet and FIR were not taken exception to before any Court of Law.

Ratio / Principle

Mere lodging of the complaint to the police would not be sufficient to deny the liability of payment of compensation.

Key takeaways

In the circumstances, the claimants are required to be permitted to withdraw the entire deposited amount, subject to conditions.ratio¶27

Detailed headnote1 paragraphs

Insurance appeal – Withdrawal of deposit – Bombay High Court, Civil Appellate Jurisdiction (R. M. Joshi, J.), by order dated 11.11.2025, allowed Interim Applications Nos. 12152 and 12178 of 2025 moved by claimant-respondents (Chhaya Sunil Muluk and Ors.; Vaishali Govind Raut and Ors.) in First Appeals Nos. 1251 and 1250 of 2023 filed by the insurer, Bajaj Alianz General Insurance Company Ltd (spelling as printed), seeking withdrawal of the amount deposited by the appellant-Insurer in this Court. The insurer opposed withdrawal, contending that the evidence led before the Tribunal was insufficient to prove involvement of the insured vehicle and that the informant's deposition before the Tribunal was contrary to the FIR given to the police. The Court noted that both parties had led evidence before the Tribunal, that a charge-sheet stood filed against the driver of the offending vehicle, and that neither the charge-sheet nor the FIR had been taken exception to before any Court of Law. Holding that mere lodging of the complaint to the police would not be sufficient to deny the liability of payment of compensation, the Court permitted the claimants to withdraw the entire deposited amount subject to conditions: 50% on undertaking and the remaining 50% on furnishing one solvent surety to the satisfaction of the Tribunal. No monetary quantum of the deposit is stated in the judgment.

7-IA-12152-2025 (C).doc

Shubhada S Kadam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 12152 OF 2025 IN

FIRST APPEAL NO. 1251 OF 2023

Chhaya Sunil Muluk And Ors. … Applicant/s

In the matter of

Bajaj Alianz General Insurance Company Ltd …. Appellant/s

versus

Chhaya Sunil Muluk And Ors. …. Respondents

WITH INTERIM APPLICATION NO. 12178 OF 2025 IN FIRST APPEAL NO. 1250 OF 2023

Vaishali Govind Raut And Ors.

… Applicant/s

In the matter of

Bajaj Alianz General Insurance Company Ltd …. Appellant/s versus Vaishali Govind Raut And Ors. …. Respondents

Ms.Vaishnavi M. Gujarthi, Advocate for the Applicants/Claimants. Mr. Sarthak Diwan, Advocate for Appellant-Insurance Company.

CORAM : R. M. JOSHI, J.

DATE : 11^th NOVEMBER, 2025.

P.C. :

These applications are for the withdrawal of the amount deposited by the appellant-Insurer in this Court.

1/3

Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2025.11.11 15:33:22 +0530

7-IA-12152-2025 (C).doc

Shubhada S Kadam

Learned counsel for the applicants/claimants submits that the applicants are a third party and as such, on the basis of evidence led before the Tribunal, there would be no case made out by the appellant for success in the hearing of the appeals. It is submitted that the applicants/claimants are required to be paid the amount deposited by the appellant/Insurer.

Learned counsel for the appellant/insurer vehemently opposed the applications. It is his contention that the evidence led by the claimants is not sufficient to prove the involvement of the vehicle insured with the appellant. He drew attention of the Court to the evidence of the informant who deposes contrary in the testimony recorded before the Tribunal as compared to the FIR given to the police. It is his submission that all these aspects are required to be taken into consideration while permitting the withdrawal of the amount.

Before the Tribunal, both the parties led evidence. There is no dispute about the fact that charge-sheet has been filed against the driver of the offending vehicle There is further no denial of the fact that the charge-sheet and FIR was not taken exception to before any Court of Law. Mere lodging of the complaint to the police would not be sufficient to deny the liability of payment of compensation. In the circumstances, the claimants are required to be permitted to withdraw the entire amount subject to conditions. Hence, the following order :

2/3

7-IA-12152-2025 (C).doc

Shubhada S Kadam

O R D E R

The applications stand allowed

The amount deposited by the insurer is permitted to be withdrawn by the respondents/claimants. Out of the entire amount, 50% amount is permitted to be withdrawn on undertaking and remaining 50% amount is permitted to be withdrawn on furnishing one solvent surety to the satisfaction of the Tribunal.

The applications stand disposed of in above terms.

(R. M. JOSHI, J.)

3/3