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Bombay High Court

KASTURBAI DATTATRAYA KULKARNI DIED THR LRS BASAVRAJ AND ORS.versusBAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER AURANGABAD AND ORS.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed a partial withdrawal of 50% of the awarded compensation, subject to conditions, while keeping the balance in a fixed deposit until the appeal is finally decided.

Summary

The applicants, heirs of the deceased Kasturbai Dattatraya Kulkarni, filed a civil application seeking to withdraw the compensation awarded by the Motor Accident Claims Tribunal. The insurer, Bajaj Allianz General Insurance Co., appealed the award, contesting the amount. The High Court examined the tribunal's endorsement of the applicants' entitlement and the competing interests of the parties. It ordered that the applicants may withdraw 50% of the awarded sum with accrued interest, subject to an undertaking that the disbursement remains contingent on the final outcome of the appeal. The remaining balance is to be kept in a fixed deposit for two years, renewable until further orders. Consequently, the civil application was partly allowed.

Issues considered

  • Whether the applicants are entitled to withdraw part of the compensation awarded by the Motor Accident Claims Tribunal pending the insurer's appeal
  • Whether the court may condition the withdrawal on the final outcome of the appeal

Subjects

  • compensation
  • motor accident claims tribunal
  • insurance
  • withdrawal of award
  • appeal
  • fixed deposit

Judgment

2026:BHC-AUG:38792
                                                   1                    17-CA-13978-25.odt




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                         CIVIL APPLICATION NO. 13978 OF 2025 IN FA/173/2020

                      KASTURBAI DATTATRAYA KULKARNI DIED THR LRS BASAVRAJ
                                             AND OTHERS
                                                VERSUS
                     BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR ITS BRANCH
                                MANAGER AURANGABAD AND OTHERS.
                                                  ...
                              Advocate for Applicants : Mr. Amol T. Jagtap
                           Advocate for Respondent No.1 : Mr. M. R. Deshmukh
                            Advocate for Respondent No.2 : Mr. S. V. Kulkarni
                                                  ...

                                            CORAM :        SACHIN S. DESHMUKH, J.
                                            DATE       :   28-08-2026
                PER COURT:-

                1.      The   applicants   have    presented     application   seeking

                withdrawal of the amount of compensation.


                2.      The appellant – insurance Company has presented the

                appeal, while raising an objection to the compensation awarded by

                the tribunal, allowing the claim petition of the applicants.

                Pursuant to the order of this court, the insurance company has

                deposited the amount awarded by the tribunal.


                3.      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.
                                  2                    17-CA-13978-25.odt




4.    Thus, the civil application is partly allowed.


5.    The applicants are permitted to withdraw 50% of the amount

with the accrued interest deposited in this court to the extent of

apportionment given in the order of the Motor Accident Claims

Tribunal on furnishing usual undertaking to the satisfaction of the

Registrar (Judicial) of this Court that the disbursement remains

contingent upon the final outcome of this appeal.


7.    The balance amount shall be kept in the Fixed Deposit of any

Nationalized Bank initially for the period of two (2) years, which is

to be renewed periodically until further orders of this court.




                                  [SACHIN S. DESHMUKH]
                                          JUDGE




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