Ratna Parashram Godse and Ors. vs Prabharakan Durairaj and Ors. — Bombay HC (2025) — LawSathi Research

Ratna Parashram Godse and Ors. vs Prabharakan Durairaj and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant (original claimant) permitted to withdraw 50% of the decretal amount deposited by the Insurance Company, upon furnishing an undertaking before the MACT to refund the amount with interest (at a rate to be directed by the High Court at disposal of the First Appeal) if they fail in the appeal; Registry to transfer the amount directly into the claimant's sole account; certified copy expedited.

Issue for consideration

Whether the original claimant (Applicant) may be permitted to withdraw part of the decretal amount deposited by the Insurance Company before MACT, Nashik, pending disposal of First Appeal No. 124 of 2024, and on what conditions.

Court's answer

In the interest of justice, the Applicant (original claimant) is permitted to withdraw 50% of the decretal amount deposited by the Insurance Company, as per the ratio mentioned in the impugned judgment and order dated 08.01.2019.

Ratio / Principle

The 50% of the decretal amount awarded to the Applicants is allowed to be withdrawn upon furnishing an undertaking before the MACT.

Key takeaways

The undertaking must be to the effect that, if the Applicants fail in the First Appeal, they will return the withdrawn amount with interest at such rate as may be directed by this Court at the time of disposal of the First Appeal.ratio¶20
The Registry is to verify and ensure that the amount is directly transferred into the sole account of the claimant.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.), by order dated 4 September 2025 in Interim Application No. 15957 of 2024 in First Appeal No. 124 of 2024 (Ratna Parashram Godse & Ors. v. Prabharkan Durairaj & Ors.), disposed of an application by the original claimant seeking withdrawal of the decretal amount deposited by the Insurance Company before MACT, Nashik. Noting the claimants' financial and mental hardship following the accident, their lack of sufficient source of income, and that the Insurance Company had filed no reply opposing the application, the Court permitted withdrawal of 50% of the decretal amount 'as per the ratio mentioned in the impugned judgment and order dated 08.01.2019', directed the Registry to ensure direct transfer into the claimant's sole account, and conditioned the withdrawal on the claimants furnishing an undertaking before the MACT that, if they fail in the First Appeal, they will return the amount with interest at such rate as the High Court may direct at the time of disposal of the appeal.

PVP 34 FA--124-2024 CORRECTED.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.15957 OF 2024 IN FIRST APPEAL NO. 124 OF 2024

RATNA PARASHRAM GODSE AND ORS. ..APPELLANTS VS PRABHARAKAN DURAIRAJ AND ORS. ..RESPONDENT

Mr. D.P. Singh, Ld. Advocate for Appellant. Mr. Pritesh K. Bohade, Ld. Advocate for Respondent.

CORAM : RAJESH S. PATIL, J. DATE : 4 SEPTEMBER 2025.

P.C. :

1. This Interim Application is filed by the original claimant

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

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

The Applicant submits that due to the unfortunate

accident, they have suffered financially and mentally. The

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PVP 34 FA--124-2024 CORRECTED.doc

applicant submitted that they have no sufficient source of income, therefore, the present application has been filed.

I have heard Counsel for both the sides and also I

have gone through the contents of the Civil Application. According to me, in the interest of justice, it would be appropriate if the Applicant is permitted to withdraw 50% of the decretal amount deposited by the Insurance Company as per the ratio mentioned in the impugned judgment and order dated 08.01.2019.

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

The 50% of the decretal amount awarded to the Applicants is allowed to be withdrawn, upon furnishing an undertaking before the MACT to the effect that if they fail in this First Appeal, they 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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PVP 34 FA--124-2024 CORRECTED.doc

All the parties to act on an authenticated copy of this order. Issuance of certified copy of the order is expedited.

The interim application No.15957/2024 is accordingly disposed of.

(Rajesh S. Patil, J.)

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