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Bombay High Court

RAJSHREE BHAGWAN BELAMBEversusBRANER NATIONAL INSURANCE NATIONAL INSURANCE CO LTD

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed a partial withdrawal of 50% of the deposited compensation, subject to interest and an undertaking, while directing the balance to be kept in a fixed deposit.

Summary

The applicants, Rajshree Bhagwan Belambe, filed two civil applications seeking to withdraw the compensation awarded by a tribunal and deposited by National Insurance Co. Ltd. The High Court examined the tribunal's endorsement of the applicants' entitlement and the competing interests of the parties. It held that a partial withdrawal of the deposited amount was appropriate, allowing the applicants to withdraw 50% of the amount with accrued interest, subject to an undertaking that disbursement remain contingent on the final outcome of any appeals. The remaining balance was ordered to be kept in a fixed deposit for three years, renewable until further orders. Consequently, the applications were partly allowed with conditions imposed on the withdrawal.

Issues considered

  • What is the extent to which the applicants may withdraw the compensation awarded by the tribunal pending appeal?
  • Can the court condition the withdrawal on an undertaking and retain the balance in a fixed deposit?

Subjects

  • compensation
  • tribunal award
  • withdrawal
  • partial payment
  • fixed deposit
  • appeal
  • high court

Judgment

2026:BHC-AUG:42173
                                                   1                      36-CA-10266,8-26.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD


                      36 CIVIL APPLICATION NO. 10266 OF 2026 IN FA/871/2026

                                   RAJSHREE BHAGWAN BELAMBE
                                             VERSUS
                     BRANER NATIONAL INSURANCE NATIONAL INSURANCE CO LTD
                                                …
                                               AND
                      38 CIVIL APPLICATION NO. 10268 OF 2026 IN FA/870/2026

                                  RAJSHREE BHAGWAN BELAMBE
                                               VERSUS
                          BRANCH MANAGER NATIONAL INSURANCE CO LTD
                                                 ...
                            Advocate for Applicants : Mr. Satish S. Manale
                             Advocate for Respondent : Mr. S. R. Bodade
                                                 ...

                                            CORAM :        SACHIN S. DESHMUKH, J.
                                            DATE       :   10-09-2026
                PER COURT:-

                1.     The applicants have presented these applications seeking

                withdrawal of the amount of compensation awarded by the

                tribunal, which is deposited by the Insurance Company.


                2.     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.


                3.     Thus, the civil applications are partly allowed.
                                   2                     36-CA-10266,8-26.odt




4.    The applicants are permitted to withdraw 50% of the

deposited amount in this court, alongwith interest accrued

thereon, to the extent of apportionment given in the order of the

tribunal.


5.    The    applicants    shall       furnish   an   undertaking      that

disbursement would remain subject to the final outcome of the

appeals, to the satisfaction of the Registrar (Judicial) of this Court.


6.    The balance amount shall be kept in Fixed Deposit of any

Nationalized Bank initially for the period of three (3) years, which

is to be renewed periodically until further orders of this court.




                                   [SACHIN S. DESHMUKH]
                                           JUDGE



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