Ganesh Kisan Umak and Others vs Hddc Corrected as Hdfc Ergo General Insurance Company and Anr. — Bombay HC (2026) — LawSathi Research

Ganesh Kisan Umak and Others vs Hddc Corrected as Hdfc Ergo General Insurance Company and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants in Civil Application No. 10331 of 2024 permitted to withdraw 50% of the amount deposited in Court as per the impugned judgment and award, with accrued interest thereon and costs to the claimant, on furnishing an undertaking to the satisfaction of the Registrar (Judicial); Civil Application No. 1036 of 2023 allowed in terms of prayer clause “B” and disposed of; first appeal to be listed on 08.05.2026.

Issue for consideration

Whether the applicants (claimants, Ganesh Kisan Umak and others) in Civil Application No. 10331 of 2024 should be permitted to withdraw the amount deposited in this Court as per the impugned judgment and award. +1 more

Court's answer

Civil Application No. 10331 of 2024 (withdrawal application by the claimants) is partly allowed.

Ratio / Principle

The applicants in Civil Application No. 10331 of 2024 are permitted to withdraw 50% of the deposited amount with accrued interest thereon, with costs to the claimant, on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

Key takeaways

Civil Application No. 1036 of 2023 (Insurance Company's application) is allowed in terms of prayer clause “B” and disposed of, as the entire amount as per the impugned judgment and award has been deposited.ratio¶25

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Sanjay A. Deshmukh, J., 6 March 2026) disposed of two connected civil applications arising in First Appeal No. 21 of 2025 concerning the amount deposited in Court as per the impugned judgment and award (compensation payable by the owner of the offending vehicle; the insurer contended premium was unpaid as the cheque was dishonoured and a cancellation letter sent by R.P.A.D. was refused, the envelope having been proved before the Tribunal during the trial). Civil Application No. 10331 of 2024 by the claimants (Ganesh Kisan Umak and others) was partly allowed: they may withdraw 50% of the deposited amount with accrued interest thereon, with costs, on furnishing an undertaking to the satisfaction of the Registrar (Judicial). Civil Application No. 1036 of 2023 by HDFC Ergo General Insurance Company was allowed in terms of prayer clause “B” and disposed of, the entire awarded amount having been deposited. First appeal listed for 08.05.2026.

2026:BHC-AUG:9563

ca10331.24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

933 CIVIL APPLICATION NO. 10331 OF 2024

IN FA/21/2025

Ganesh Kisan Umak And Others VERSUS

Hddc Corrected As Hdfc Ergo General Insurance Company And Anr

Advocate for Applicant : Mr. Chapalgaonkar Shailesh S Advocate for Respondents : Mr. Mohit R. Deshmukh

….. WITH

CIVIL APPLICATION NO. 1036 OF 2023 IN FA/21/2025

Hddc Corrected As Hdfc Ergo General Insurance Company VERSUS

Ganesh Kisan Umak And Others

Advocate for Applicant : Mr. Mohit R. Deshmukh Advocate for Respondents : Mr. Prathemesh Borde h/f Mr. S.S. Chapalgaonkar

CORAM : SANJAY A. DESHMUKH, J. DATED : 6^th MARCH, 2026

PER COURT :-

This is an application for withdrawal of the amount

deposited in this court as per the impugned judgment and award.

Perused the application and heard learned advocates for

the parties. Learned advocate for the respondent Insurance company submitted that premium amount was not paid, as the cheque was dishonoured. Notice of dishonour of cheque was also

ca10331.24

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sent to the owner of the offending vehicle with letter in respect of cancellation of cheque by R.P.A.D. It was refused to accept and to that effect there is an endorsement on record that the envelope is proved before the Tribunal during the trial. He therefore, submitted that only the owner of the offending vehicle is liable to pay the compensation. He lastly prayed to reject the application.

On perusal of the application, the reasons in the impugned judgment and award and considering the peculiar set of facts, it would be proper to allow this application partly. Therefore, the application is partly allowed. The applicants in civil application No. 10331 of 2024 are permitted to withdraw 50% amount with accrued interest thereon with costs to the claimant on furnishing under undertaking to the satisfaction of Registrar (Judicial) of this Court.

In so far as the civil application No. 1036 of 2023 is concerned, since entire amount as per the impugned judgment and award has been deposited, therefore, the application deserves to be allowed. Hence, the application is allowed in terms of prayer clause “B” and disposed of. List the first appeal on 08.05.2026.

(SANJAY A. DESHMUKH, J.)

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