Bombay High Court

AMOL ANADA SALKE SALKAEversusTHE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed the applicant to withdraw 75% of the deposited amount with interest, while the balance must remain in a fixed deposit for three years pending the appeal.

Summary

The insurance company appealed a tribunal award and deposited the awarded amount. The applicant filed a civil application seeking to withdraw the deposited compensation. The court examined the tribunal's endorsement of the applicant's entitlement and the competing interests of the parties. It held that the applicant could withdraw 75% of the deposited sum along with accrued interest, subject to an undertaking that disbursement remains pending the final appeal outcome. The remaining 25% was ordered to be kept in a fixed deposit with a nationalized bank for an initial period of three years, renewable until further orders.

Issues considered

Whether the applicant is entitled to withdraw the amount deposited by the insurer pending the final decision on the appeal
What portion of the deposited amount, if any, should be retained pending the appeal

Subjects

insurance claim
tribunal award
withdrawal of deposited amount
appeal
fixed deposit
interest

Judgment

2026:BHC-AUG:38950



                                                                   33 CA397.2026
                                             -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          33 CIVIL APPLICATION NO. 397 OF 2026
                                           IN
                                      FA/2782/2025

                             AMOL ANADA SALKE @ SALKAE
                                           VERSUS
                 THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE
                                    COMPANY LIMITED
                                              ...
              Advocate for Applicant : Mr. Yogesh Damodhar Kale
              Advocate for Respondent No.1 : Mr. M. R. Deshmukh
                                              ...


                                         CORAM : SACHIN S. DESHMUKH, J.
                                            Date : 27.08.2026


              PER COURT :-

              1.         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

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

              company has deposited the amount awarded by the tribunal.


              2.         The applicant has presented this application seeking

              withdrawal of the amount of compensation awarded by the

              tribunal, which is deposited by the Insurance Company.
                                                       33 CA397.2026
                                -2-

3.         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, also,

to strike the balance in the competing interest, it will be

appropriate to permit the applicant to withdraw the amount.


4.         Thus, the application is partly allowed. The applicant

is permitted to withdraw 75% of the deposited amount in this

court along with accrued interest thereon.


5.         The applicant shall furnish usual undertaking that

disbursement would remain subject to final outcome of this

appeal.


6.         The balance amount shall be kept in Fixed Deposit of

any Nationalized Bank initially for the period of three (03) years,

which is to be renewed periodically until further orders of this

court.



                                      (SACHIN S. DESHMUKH, J.)

marathe

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