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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
                                                -1-

                     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
                                   -2-

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.
                                                    30 CA No.10039.2025
                                 -3-



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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