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
rrd
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