Bombay High Court

Vidya Sanjay ChaudhariversusUnited India Insurance Company Limited Through its Branch Manager

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the application, permitting the applicant to withdraw the entire deposited amount with interest, subject to an undertaking.

Summary

The applicant, Vidya Sanjay Chaudhari, filed an application to withdraw the compensation amount that had been deposited by United India Insurance Company following a Tribunal award. The Court examined the Tribunal's endorsement of the applicant's entitlement and considered the competing interests of the parties. It concluded that allowing the withdrawal would strike an appropriate balance. Consequently, the application was allowed, permitting the applicant to withdraw the entire deposited sum along with accrued interest. The applicant must provide an undertaking to the Registrar that disbursement will remain subject to the final outcome of the appeal.

Issues considered

Whether the applicant is entitled to withdraw the compensation amount deposited by the insurer pending the final outcome of the appeal

Subjects

compensation
insurance
withdrawal
tribunal award
appeal
interest
undertaking

Judgment

2026:BHC-AUG:45977
                                                                 C.A. No.10828/2026
                                            :: 1 ::




                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY

                                BENCH AT AURANGABAD


                         CIVIL APPLICATION NO.10828 OF 2026 IN
                           FIRST APPEAL (ST.) NO.6809 OF 2026


            Vidya Sanjay Chaudhari                          … APPLICANT

                     VERSUS

            United India Insurance Company Ltd. & ors. … RESPONDENTS

                                             .......
            Mr. Advocate for petitioner
            Mr. A.G.P. for respondent – State
                                            ....…

                                    CORAM : SACHIN S. DESHMUKH, J.
                                    DATE     : 30th SEPTEMBER, 2026

            PER COURT :


            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
                                                           C.A. No.10828/2026
                                   :: 2 ::


permit the applicant to withdraw the amount.


3.             Thus, the application is allowed.


4.             The applicant is permitted to withdraw the entire

deposited amount in this Court along with interest accrued thereon.


5.             The applicant shall furnish an undertaking to the

satisfaction     of   the   Registrar   (Judicial)   of   this   Court   that

disbursement would remain subject to final outcome of this appeal.




                                        (SACHIN S. DESHMUKH, J.)




fmp/-

Continue reading with your account

Checking your session…