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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  • What proportion of the deposited compensation can be withdrawn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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