Bombay High Court
Shraddha Suraj Patil And Ors. vs General Manager,The New India ... on 4 September, 2025
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2025:BHC-AS:37511-DB
23.ia.9349.25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 9349 OF 2025
IN
FIRST APPEAL (ST) NO.32357 OF 2024
Shraddha Suraj Patil & Ors .. Applicants
(Orig.Claimants)
Versus
General Manager
The New India Insu. Co Ltd & Anr .. Respondents
(Orig. Appellants)
IN THE MATTER BETWEEN
General Manager,
The New India Insu. Co Ltd ..Appellant
Versus
Shraddha Suraj Patil & Ors ..Respondents
ANJALI Digitally signed by
ANJALI TUSHAR
TUSHAR ASWALE
Date: 2025.09.09
ASWALE 18:08:31 +0530
Mr. Pritesh Bohade, Advocates for the Applicants.
Mr. Devendranath Joshi, Advocates for the Orig. Appellants.
CORAM: B. P. COLABAWALLA &
AMIT S. JAMSANDEKAR, JJ.
DATE: SEPTEMBER 4, 2025
P. C.
1. The above Interim Application is filed to allow the Applicants to
withdraw some amount out of the awarded amount deposited by the
Respondents before the Motor Accident Claims Tribunal, Nashik ("MACT").
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2. The Applicants are the heirs of one Dr. Suraj Patil who lost his
life in a car accident. He was a passenger in Mahindra-XUV bearing
Registration No.MH-15-EP-0871 which collided with a Container Truck
bearing Registration No. MH-46-AF-1104. The Container Truck was insured
with the Appellant Insurance Company. The heirs of Dr. Suraj Patil (the
Applicants herein) preferred a Claim Petition before the MACT, Nashik by
filing Motor Accident Claim Petition No.757 of 2015. That Claim Petition
was partly allowed and the Appellant-Insurance Company was directed to
pay a sum of Rs.70,70,309/- together with interest @ 7.5% p.a. from the date
of the Claim Petition till realization of the amount, to the Claimants.
Aggrieved by the order passed by the MACT dated 7 th December 2023, the
above First Appeal is filed. To obtain a stay of the judgment and Award of
the MACT dated 7th December 2023, the Appellant-Insurance Company
deposited the entire decretal amount together with interest before the MACT,
Nashik. It is this amount that the Applicants herein seek to withdraw by the
present Interim Application.
3. The learned advocate appearing on behalf of the Appellant-
Insurance Company vehemently opposed the grant of any withdrawal. He
submitted that in the facts of the present case, it is the Driver of the
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Mahindra-XUV, Dr. Pratap Shelke, who was responsible for the accident. He
submitted that in fact an FIR has also been lodged by the Police against the
said deceased Dr. Pratap Shelke for rash and negligent driving. He further
submitted that in fact in the statement of the surviving Dr. Umesh Bhosale,
he admitted that it was Dr. Pratap Shelke who was negligent, and which
caused accident. Once this is the case, this is not a fit case where the heirs of
deceased Dr. Suraj Patil ought to be allowed to withdraw any amount
whatsoever.
4. We have heard the learned counsel appearing for the parties. We
have also perused the papers and proceedings in the above Interim
Application. We have also perused the impugned Judgment and Award
passed by the MACT. It is true that it was the case of the Insurance Company
that they are not liable to pay any amount because the Driver of the
Mahindra-XUV was negligent and responsible for causing the accident.
However, that story has not found favour with the MACT in the impugned
order. We are mindful of the fact that the said order is under challenge
before us. However, we are of the view that while the said challenge is
pending, the Applicants herein, and who were successful before the MACT
ought not to wait for years on end to at least partly enjoy the fruits of the
decree passed in their favour.
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5. Considering the stand taken by the Insurance Company and the
serious opposition to the withdrawal, we are of the view that the justice would
be served, if we permit the Applicants to withdraw the 20% of the amount
deposited (with accrued interest), on the Applicants furnishing an
undertaking to the MACT that in the event the above Appeal succeeds, they
shall bring back the amount withdrawn together with interest at such rate as
this Court may decide at the final hearing of the Appeal. We are of the view
that this will not only balance equities on both sides but would be a just and
fair order.
6. We, accordingly, allow the Applicants to withdraw the 20% of the
amount deposited (with accrued interest) on the Applicants furnishing an
undertaking to the MACT that in the event the above Appeal succeeds, they
shall bring back the amount withdrawn together with interest at such rate as
this Court may decide at the final hearing of the Appeal.
7. The Interim Application is accordingly disposed of. No order as
to costs.
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8. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by fax
or email of a digitally signed copy of this order.
[AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.]
SEPTEMBER 4, 2025
Aswale
