United India Insurance Co. Ltd. vs Mr. Amit Vasudeo Gawali and Anr. — Bombay HC (2025) — LawSathi Research

United India Insurance Co. Ltd. vs Mr. Amit Vasudeo Gawali and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant/Claimant permitted to withdraw 50% of the compensation amount with proportionate interest, subject to an undertaking to refund the amount with interest if the Appellant succeeds in the Appeal; Tribunal to invest the remaining 50% in a Nationalised bank giving highest interest from time to time; statutory amount deposited in the High Court to be transferred to the Tribunal. Interim Application No. 1680 of 2025 disposed of in these terms.

Issue for consideration

Whether the Applicant/Original Claimant may be permitted to withdraw the compensation amount deposited by the Appellant with the Motor Accident Claims Tribunal pending final hearing and disposal of the First Appeal.

Court's answer

The Applicant/Claimant is permitted to withdraw 50% of the compensation amount along with proportionate interest, subject to furnishing the usual undertaking that in case the Appellant succeeds in the Appeal, the Applicant/Claimant would refund the said amount along with interest as directed by the Court.

Ratio / Principle

The Tribunal shall invest the remaining 50% of the amount with a Nationalised bank giving the highest interest from time to time.

Key takeaways

The statutory amount deposited in the High Court shall be transferred to the Tribunal.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court (Shyam C. Chandak, J.), order dated 10.02.2025 in Interim Application No. 1680 of 2025 in First Appeal (St.) No. 26239 of 2024 (United India Insurance Co. Ltd. v. Amit Vasudeo Gawali): arising out of a motor accident of 2013 in which the Claimant was injured and suffered substantial disability, and where the Appellant-Insurer had deposited Rs.28,44,276/- (inclusive of interest) before the MACT, Mumbai, the Court permitted the Applicant/Claimant to withdraw 50% of the compensation amount along with proportionate interest, subject to the usual undertaking that if the Appellant succeeds in the Appeal the Claimant would refund the amount with interest as directed by the Court; directed the Tribunal to invest the remaining 50% with a Nationalised bank giving highest interest from time to time; and ordered that the statutory amount deposited in the High Court be transferred to the Tribunal. Interim Application No. 1680 of 2025 stood disposed of in these terms; Interim Application No. 13688 of 2024 was stood over to 04.03.2025, the service report on notice to Respondent No.2 being awaited.

18 IA13688.2024.doc

P.H. Jayani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 13688 OF 2024 WITH INTERIM APPLICATION NO. 13690 OF 2024 IN

FIRST APPEAL (ST.) NO. 26239 OF 2024

United India Insurance Co. Ltd. …. Appellant V/s.

Mr. Amit Vasudeo Gawali and anr.

…. Respondents

WITH

INTERIM APPLICATION NO. 1680 OF 2025 IN

FIRST APPEAL (ST.) NO. 26239 OF 2024

Mr. Amit Vasudeo Gawali ….. Applicant In the matter between :- United India Insurance Co. Ltd. …. Appellant V/s. Mr. Amit Vasudeo Gawali and anr. …. Respondents

Ms. Varsha Chavan for the Applicant in IA/13688/2024 and IA/13690/2024.

Ms. Sarika Kamble for the Applicant in IA/1680/2025.

CORAM : SHYAM C. CHANDAK, J.

DATED : 10^th FEBRUARY, 2025

P.C. :-

ORDER IN INTERIM APPLICATION NO. 13688 OF 2024 :-

. Service report in respect of notice issued to the Respondent

No.2, is awaited.

Stand over to 04^th March, 2025 .

ORDER IN INTERIM APPLICATION NO. 1680 OF 2025 :-

Learned Advocate for the Applicant/Original Claimant submits

that the Applicant/Claimant may be permitted to withdraw the

1/2

18 IA13688.2024.doc

P.H. Jayani

compensation amount deposited by the Appellant with the Motor Accident Claims Tribunal.

Ms. Varsha Chavan, learned Advocate for the Appellant states that the Appellant has deposited Rs.28,44,276/- before the MACT, Mumbai which is inclusive of the interest.

The accident is of the year 2013. The Applicant was injured in the said accident and suffered substantial disability. The Appeal would take time for final hearing and disposal.

In view of the above and considering the other facts of the case, the Applicant/Claimant is permitted to withdraw 50% of the compensation amount along with proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant/Claimant would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest 50% of the amount with Nationalised bank giving highest interest from time to time. The statutory amount deposited in this Court shall be transferred to the Tribunal.

Interim Application No.1680 of 2025 stands disposed of in the aforesaid terms.

PREETI HEERO JAYANI

Digitally signed by PREETI HEERO JAYANI Date: 2025.02.11 10:22:28 +0530

(SHYAM C. CHANDAK, J.)

2/2