Disposed

The Branch Manager, New India Assurance Com. Ltd. T/H Senior Divisional Manager v. Rajvir Prameshwar Bhosale (Minor) U/G His Grand Mother Resp. No. 2 Dhondabai B. Bhosale and Others

Bombay HC3 Feb 2026CA/13557/2025

Case brief

AI extract

What is this about?

Single judge order dealing with condonation of delay for a first appeal. Permits stay on execution as the amount was deposited. Allows partial withdrawal of deposited insurance funds while keeping the remainder in fixed deposit pending appeal disposal.

What did the court decide?

Delay condoned; stay granted on execution; allowed withdrawal of 50% of deposited amount; balance in fixed deposit.

The Branch Manager, New India Assurance Com. Ltd. T/H Senior… — Insurance | Bombay HC (2026)

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2026:BHC-AUG:4908

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1 937 ca.1407.26.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD.

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937 CIVIL APPLICATION NO. 1407 OF 2026 IN FAST/36248/2025

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RAJVIR S/O PARMESHWAR BHOSALE AND ANOTHER VERSUS

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THE NEW INDIA ASSURANCE COMPARNY LTD

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Advocate for Applicant : Mr. Sushant Choudhari. Advocate for Respondent No.1 : Mr. M. R. Deshmukh.

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WITH

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CIVIL APPLICATION NO. 13556 OF 2025 IN FAST/36248/2025

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WITH

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CIVIL APPLICATION NO. 13557 OF 2025

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IN FAST/36248/2025

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CORAM : SANJAY A. DESHMUKH, J. DATE : 03^rd February, 2026.

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P.C.:

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1 Heard the learned counsel for the parties. Perused the applications.

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Application for condonation of delay:

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2 This is an application for condonation of delay of 24 days caused in filing the first appeal.

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3 For the reasons stated in the application, the delay stands condoned. The application stands allowed in the interest of justice. Appeal be registered.

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937 ca.1407.26.odt

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Application for stay:

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4 This is an application seeking stay to the execution of the impugned judgment and award.

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5 The learned counsel for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

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6 In view of the above, there shall be stay to the impugned judgment and award till the pendency of the appeal. The application stands disposed of.

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Appeal:

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7 Issue notice to respondents. Mr. Sushant Choudhari, learned

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counsel waives notice on behalf of respondent Nos.1 and 2.

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8 Call for record and proceedings.

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9 Stand over to 1^st April, 2026.

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Application for withdrawal of amount:

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10 This application is for withdrawal of the amount deposited by the

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appellant in this Court as per the impugned judgment and award.

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11 The learned counsel for the appellant strongly opposes the application and submits that two claims arise out of one and the same

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3 937 ca.1407.26.odt

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accident, however, in both the claims, two different Motor Accident Claim Tribunals held that both the claimants were pillion riders. He submits that there was no valid driving licence and the deduction towards the personal expenditure is not properly determined. It has been determined to the extent of 1/3^rd , instead of ½. He submits to reject the application.

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12 For the reasons stated in the application and considering the arguments of both the sides, the following order is passed :-

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O R D E R

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I. The applicants are permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this Court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

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II. Out of the fixed deposit amount in the name of the minor claimant No.1, the Registry is directed to pay quarterly interest to the guardian of said minor i.e. claimant No.2, till the disposal of the appeal.

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III. With this, the civil application for withdrawal of amount stands disposed of.

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nga

The Branch Manager, New India Assurance Com. Ltd. T/H Senior Divisional Manager v. Rajvir Prameshwar Bhosale (Minor) U/G His Grand Mother Resp. No. 2 Dhondabai B. Bhosale and Others

Case brief

What is this about?

What did the court decide?

The Branch Manager, New India Assurance Com. Ltd. T/H Senior Divisional Manager v. Rajvir Prameshwar Bhosale (Minor) U/G His Grand Mother Resp. No. 2 Dhondabai B. Bhosale and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

Case details

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