Smt. Maya Bapu Dhere and Ors. vs the Oriental Insurance Co. Ltd. Satara Branch — Bombay HC (2026) — LawSathi Research

Smt. Maya Bapu Dhere and Ors. vs the Oriental Insurance Co. Ltd. Satara Branch — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants jointly permitted to withdraw 50% of the amount deposited with accrued interest, if any, subject to filing an undertaking in the concerned Tribunal at Satara that the amount withdrawn shall be subject to the final outcome of the Appeal and shall be brought back with interest if so directed by the Court; the rest of the amount to be invested as per prevailing practice.

Issue for consideration

Whether the claimant-applicants may be permitted to withdraw the amount deposited by the Insurance Company pending the final outcome of First Appeal No. 1310 of 2016.

Court's answer

Having perused paragraphs 13 to 15 of the impugned judgment, and noting that the Tribunal considered Rs. 1,20,000/- as yearly income including future prospects and that the Applicants have been deprived of the amount under the impugned order since January, 2016, the Court permitted 50% withdrawal on the usual undertaking.

Ratio / Principle

The rest of the deposited amount is to be invested as per prevailing practice.

Detailed headnote1 paragraphs

Interim Application No. 8071 of 2024 in First Appeal No. 1310 of 2016 (High Court of Judicature at Bombay, Circuit Bench at Kolhapur, Civil Appellate Jurisdiction; M. M. Sathaye, J.; order dated 01.04.2026). Accident-claim claimants Maya Bapu Dhere and others applied to withdraw the amount deposited by the Oriental Insurance Co. Ltd, Satara Branch (original appellant in the First Appeal). Perusing paragraphs 13 to 15 of the impugned Tribunal judgment, wherein the Tribunal considered Rs. 1,20,000/- as yearly income including future prospects, and noting that the claimants stood deprived of the amount since January, 2016, the Court partly allowed the application: the claimants were jointly permitted to withdraw 50% of the deposited amount with accrued interest, if any, on the usual undertaking (filed in the concerned Tribunal at Satara) that the withdrawn amount shall be subject to the final outcome of the Appeal and brought back with interest if so directed; the rest of the amount to be invested as per prevailing practice.

13-IA-8071-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.8071 OF 2024

IN

FIRST APPEAL NO.1310 OF 2016

Maya Bapu Dhere and others … Applicants

IN THE MATTER BETWEEN:

The Oriental Insurance Co. Ltd, Satara Branch

Versus

Maya Bapu Dhere and others … Respondents

Digitally signed by SHAILAJA SHAILAJA SHRIKANT SHRIKANT HALKUDE HALKUDE Date:2026.04.01 19:09:46 +0530

Mr. Shailesh Chavan, for Applicants.

Mr. Sanjay Krishnan, for Respondent – (Original Appellant) – Insurance Company.

CORAM : M. M. SATHAYE, J.

DATE : 01.04.2026.

P. C. :

Heard learned counsel for the parties.

This is an Application by Claimants in an accident claim, to withdraw the amount deposited by the Appellant – Insurance Company.

Learned Advocate for the Applicants submitted that entire family of the deceased i.e Claimants were totally dependent on the income of the deceased for livelihood. It is submitted that Applicant No.1 is widow having responsibility of three minor children, and as such, she is in dire need of money.

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Shailaja

13-IA-8071-2024.doc

Learned Advocate for the Appellant – Insurance Company, on the other hand, submitted that the alleged income earned from the business of sheep and livestock is not supported by any documentary evidence and therefore amount assessed by the Tribunal is on the higher side.

I have perused paragraph Nos.13 to 15 of the impugned judgment. The Tribunal has considered Rs.1,20,000/- as yearly income including future prospects. Considering the nature of claim and the fact that the Applicants are deprived of the amount under impugned order since January, 2016 when the impugned order was passed, in my view, 50% withdrawal on usual undertaking can be permitted.

Hence, Application is partly allowed by passing the following order;

(i) Subject to the Applicants filing an undertaking in the concerned Tribunal at Satara, stating that the amount withdrawn shall be subject to final outcome of the Appeal and it shall be brought back with interest if so directed by the Court, the Applicants are jointly permitted to withdraw 50% of the amount deposited with accrued interest, if any.

(ii) Rest of the amount be invested as per prevailing practice.

All concerned to act on duly authenticated or digitally signed copy of this order.

[ M. M. SATHAYE, J. ]

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Shailaja