Bombay High Court
ANITA PAWAN ANDHALE AND ORSversusTHE NEW INDIA ASSURANCE CO. LTD, THR ITS AUTHORIZED SIGNATORY S.S. MAKHRE, AURANGABAD AND ORS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the applicants may withdraw 25% of the balance amount with interest, subject to an undertaking, while the remaining amount must be kept in fixed deposit for three years.
Summary
The New India Assurance Co. appealed against the compensation awarded by a tribunal, seeking to prevent the applicants from withdrawing the balance amount deposited by the insurer. The applicants filed a civil application requesting permission to withdraw a portion of the balance to fund their higher education expenses. The court noted an earlier order allowing withdrawal of 50% of the deposited amount and considered the applicants' need for funds. It partially allowed the application, permitting withdrawal of 25% of the remaining balance along with accrued interest, subject to an undertaking that disbursement remains contingent on the final outcome of the appeal. The court ordered that the rest of the amount be kept in a fixed deposit in a nationalized bank for an initial period of three years, renewable until further orders.
Issues considered
- Whether the applicants are entitled to withdraw a portion of the balance compensation amount deposited by the insurer pending the final decision on the appeal.
Subjects
- civil procedure
- insurance claim
- compensation withdrawal
- fixed deposit
- partial relief
- interest
Judgment
2026:BHC-AUG:39464
30 CA No.10039.2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10039 OF 2025
IN FA/3386/2018
ANITA PAWAN ANDHALE AND ORS
VERSUS
THE NEW INDIA ASSURANCE CO. LTD, THR ITS AUTHORIZED
SIGNATORY S.S. MAKHRE, AURANGABAD AND ORS
***
Advocate for Applicants : Mr. Rahul B. Temak
Advocate for Respondent No. 1 : Mr. M. M. Ambhore
***
WITH
FIRST APPEAL NO. 3386 OF 2018
THE NEW INDIA ASSURANCE CO. LTD, THR ITS AUTHORIZED
SIGNATORY S.S. MAKHRE, AURANGABAD
VERSUS
ANITA PAWAN ANDHALE AND ORS
***
Advocate for Appellant : Mr. M. M. Ambhore
Advocate for Respondents : Mr. Rahul B. Temak
***
CORAM : SACHIN S. DESHMUKH, J.
Date : 31st August, 2026
PER COURT :-
Civil Application No. 10039 of 2025
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.
2. The Applicants have preferred this Application seeking
30 CA No.10039.2025
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withdrawal of the balance compensation amount awarded by the
Tribunal, which is deposited by the Insurance Company.
3. The learned counsel for the Applicants submits that by
an earlier order dated 06.09.2018, passed in Civil Application No.
12004 of 2018, this Court had permitted the withdrawal of 50% of
the deposited amount. It is submitted that since the Applicants are
pursuing the higher studies, require the remaining amount to meet
the educational expenses.
4. In view of the above, it will be appropriate to permit
the applicants to withdraw the 25% amount out of balance amount.
5. Thus, the civil application is partly allowed.
6. The applicants are permitted to withdraw 25% of the
balance deposited amount in this Court, alongwith accrued interest
thereon.
7. The applicants shall furnish an undertaking that
disbursement would remain subject to final outcome of this appeal,
to the satisfaction of the Registrar (Judicial) of this Court.
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8. The balance amount shall be kept in Fixed Deposit of
any Nationalized Bank initially for the period of three (03) years,
the same shall be renewed periodically until further orders of this
court.
(SACHIN S. DESHMUKH, J.)
Omkar Joshi
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