Bombay High Court
URMILA GANPATRAO PANDHAREversusNATIONAL INSURANCE CO LTD
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that, subject to the final outcome of the appeal, the applicant may withdraw 75% of the deposited compensation with interest, while the balance must be kept in a fixed deposit for three years.
Summary
Urmila Ganpatrao Pandhare applied to the Bombay High Court seeking to withdraw the compensation awarded by a tribunal and deposited by National Insurance Co. Ltd. The court examined the tribunal's endorsement of the applicant's entitlement and the competing interests of the parties. It allowed a partial withdrawal, permitting the applicant to take 75% of the deposited amount together with accrued interest, subject to an undertaking that disbursement remains contingent on the final outcome of the appeal. The remaining 25% was ordered to be kept in a fixed deposit in a nationalized bank for three years, renewable until further orders. The court also allowed related civil applications and ordered the registration of a first appeal.
Issues considered
- Whether the applicant may withdraw the compensation awarded by the tribunal pending the appeal
- What proportion of the deposited compensation can be withdrawn
- How the balance amount should be held pending the final determination of the appeal
Subjects
- compensation
- insurance
- withdrawal
- tribunal award
- fixed deposit
- appeal
- civil application
Judgment
2026:BHC-AUG:41364
25 CA No.10273.2026
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10273 OF 2026
IN FAST/18440/2025
URMILA GANPATRAO PANDHARE
VERSUS
NATIONAL INSURANCE CO LTD
***
Advocate for Applicant : Mr. Amjad Pathan h/f Mr. H. I. Pathan
Advocate for Respondents : Mr. Sudhir V. Kulkarni
***
WITH
CIVIL APPLICATION NO. 6599 OF 2025
IN FAST/18440/2025
NATIONAL INSURANCE COMPNAY LTD THROUGH ITS DIVISIONA
MANAGER
VERSUS
URMILABAI GANPATRAO PANDHARE AND OTHERS
***
Advocate for Applicant : Mr. Sudhir V. Kulkarni
Advocate for Respondents No. 1 to 3 : Mr. Amjad Pathan h/f Mr. H.
I. Pathan
WITH
CIVIL APPLICATION NO. 6598 OF 2025
IN FAST/18440/2025
NATIONAL INSURANCE COMPNAY LTD THROUGH ITS DIVISIONAL
MANAGER
VERSUS
URMILABAI GANPATRAO PANDHARE AND OTHERS
***
Advocate for Applicant : Mr. Sudhir V. Kulkarni
Advocate for Respondents No. 1 to 3 : Mr. Amjad Pathan h/f Mr. H.
I. Pathan
***
25 CA No.10273.2026
-2-
CORAM : SACHIN S. DESHMUKH, J.
Date : 8th September, 2026
PER COURT :-
Civil Application No. 10273 of 2026
1. The applicant has presented this application 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 applicant 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 applicant to withdraw the amount.
3. Thus, the application is partly allowed.
4. The applicant is permitted to withdraw 75% of the
deposited amount in this court, alongwith interest accrued thereon.
5. The applicant shall furnish an undertaking that
disbursement would remain subject to final outcome of this appeal.
25 CA No.10273.2026
-3-
6. 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.
Civil Application No.6598 of 2025
1. For the reasons stated in the application, the civil
application is allowed.
2. First Appeal be registered.
First Appeal (St.) No. 18440 of 2025
1. Admit.
2. Call Record and Proceedings.
3. Mr. Amjad Pathan h/f Mr. H. I. Pathan waives service
on behalf of respective respondent/s.
4. Hearing expedited.
(SACHIN S. DESHMUKH, J.)
Omkar Joshi
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