Bombay High Court

NANDINI MORILAL DALVIversusUNITED INDIA INSURANCE COMPANY LTD AURANGABAD

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the applicant to withdraw 50% of the deposited amount on furnishing an undertaking and a further 25% on furnishing a satisfactory surety or security.

Summary

The United India Insurance Company appealed a tribunal award and deposited the compensation amount awarded to the claimants. The applicant, now a majority adult, filed a civil application seeking to withdraw a portion of the deposited compensation as apportioned by the tribunal. The court examined the tribunal's endorsement of the applicant's entitlement and the need to balance competing interests. It held that the applicant could withdraw 50% of the deposited amount with accrued interest upon furnishing a standard undertaking, and an additional 25% upon providing a solvent surety or security satisfactory to the registrar. Accordingly, the civil application was allowed in accordance with Prayer Clause “B”.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited by the insurance company as per the tribunal's award
Conditions under which the withdrawal of the deposited compensation may be permitted

Subjects

civil procedure
insurance
compensation award
withdrawal of funds
tribunal award
surety

Judgment

2026:BHC-AUG:42517



                                                                     16 CA10747.2026
                                              -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         16 CIVIL APPLICATION NO. 10747 OF 2026
                                           IN
                                      FA/2120/2024

                                NANDANI MORILAL DALVI
                                           VERSUS
                UNITED INDIA INSURANCE COMPANY LTD AURANGABAD
                                               ...
              Advocate for Applicant : Mr. V. D. Patnurkar
              Advocate for Respondent No.1 : Mr. Swapnil S. Rathi
                                               …

                                         CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 16.09.2026

              PER COURT :-

              1.          Heard.


              2.          The Appellant – Insurance Company has presented

              the appeal, while raising an objection to the compensation

              awarded by the tribunal, partly allowing the claim petition of the

              claimants. Pursuant to the order of this court, the insurance

              company has deposited the amount awarded by the tribunal.


              3.          The applicant upon attaining majority has presented

              this   application   seeking   withdrawal   of   the     amount    of

              compensation to the extent of apportionment in the award by the

              tribunal, which is deposited by the Insurance Company.
                                                     16 CA10747.2026
                                -2-

4.         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.


5.         The Civil Application is allowed in terms of Prayer

Clause “B”. The Applicant / Original Claimant No.4 is permitted to

withdraw 50% of the amount deposited along with accrued

interest thereon, on furnishing usual undertaking and further

25% of the amount deposited along with accrued interest thereon,

on furnishing solvent surety / security to the satisfaction of the

Registrar (Judicial) of this court, as apportioned by the tribunal.




                                      (SACHIN S. DESHMUKH, J.)

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