Bombay High Court
CA/10123/2026 of Shubhangi Sunil Jaybhay Vs Magma General Insurance Ltd on 13 October 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10123 OF 2026 IN FA/2350/2026 1. SHUBHANGI SUNIL JAYBHAY 2. SARTHAKRAJE SUNIL JAYBHAY 3. MAKHMAL HARIDAS JAYBHAY VERSUS MAGMA GENERAL INSURANCE LTD ... Advocate for Applicants : Mr. Viraj Sanjay Yelmame Advocate
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10123 OF 2026
IN
FA/2350/2026
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1. SHUBHANGI SUNIL JAYBHAY
2. SARTHAKRAJE SUNIL JAYBHAY
3. MAKHMAL HARIDAS JAYBHAY VERSUS MAGMA GENERAL INSURANCE LTD ... Advocate for Applicants : Mr. Viraj Sanjay Yelmame Advocate for Respondent / Sole : Mr. M. R. Deshmukh ... CORAM : SACHIN S. DESHMUKH, J. Date : 13.10.2026 PER COURT :-
1. The Appellant – Insurance Company has presented the appeal, while raising an objection to the compensation awarded by the tribunal, allowing the claim petition of the applicants. Pursuant to the order of this court, the insurance company has deposited the amount awarded by the tribunal.
2. The applicants have presented this application seeking withdrawal of the amount of compensation awarded by the tribunal, which is deposited by the Insurance Company. 2026:BHC-AUG:48887
3. Considering the facts and circumstances that the entitlement of the applicants is endorsed by the tribunal after considering the rival contentions of the litigating sides and to strike the balance in the competing interest, it will be appropriate to permit the applicants to withdraw the amount.
4. Thus, the application is allowed in terms of Prayer Clause “B”.
5. The applicants shall furnish usual undertaking that disbursement would remain subject to final outcome of this appeal, to the satisfaction of the Registrar (Judicial) of this court. (SACHIN S. DESHMUKH, J.) marathe