Bombay High Court
RAJSHREE BHAGWAN BELAMBEversusBRANCH MANAGER NATIONAL INSURANCE CO LTD
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed a partial withdrawal of 50% of the deposited compensation amount, subject to conditions, and ordered the balance to be kept in fixed deposit.
Summary
The applicants, Rajshree Bhagwan Belambe, sought to withdraw a portion of the compensation awarded by a tribunal and deposited by National Insurance Co. Ltd. The tribunal had previously endorsed the applicants' entitlement after considering the rival contentions. The High Court examined whether the applicants could withdraw the deposited amount pending the final outcome of any appeals. The Court held that allowing a partial withdrawal would balance the competing interests of the parties. Accordingly, the Court permitted the applicants to withdraw 50% of the deposited amount with accrued interest, subject to an undertaking that further disbursement would await the final appeal outcome, and directed the balance to be kept in a fixed deposit for three years. The applications were therefore partly allowed.
Issues considered
- Whether the applicants may withdraw the compensation amount awarded by the tribunal pending final appeal outcomes
- Whether a partial withdrawal is permissible and what conditions should be imposed
Subjects
- compensation
- insurance
- tribunal award
- withdrawal
- fixed deposit
- civil application
- partial relief
Judgment
2026:BHC-AUG:42174
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
rrd
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