Bombay High Court
NATIONAL INSURANCE COMPNAY LTD THROUGH ITS DIVISIONAL MANAGERversusURMILABAI GANPATRAO PANDHARE AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court held that, considering the tribunal’s endorsement of the applicant’s entitlement and the need to balance competing interests, the applicant may withdraw 75% of the deposited compensation with interest, while the balance must remain in fixed deposit pending the final outcome of the appeal.
Summary
Urmila Ganpatrao Pandhare applied to the Bombay High Court seeking withdrawal of compensation awarded by a tribunal and deposited by National Insurance Co. Ltd. The court examined the tribunal's endorsement of the applicant's entitlement and the need to balance competing interests. It allowed the application in part, permitting withdrawal of 75% of the deposited amount together with accrued interest. The court ordered that the remaining balance be kept in a fixed deposit in a nationalized bank for an initial period of three years, renewable until further orders. The applicant must provide an undertaking that any disbursement is subject to the final outcome of the appeal. Related civil applications were also allowed and a first appeal was registered.
Issues considered
- Whether the applicant may withdraw the compensation awarded by the tribunal pending the final outcome of the appeal
- What proportion of the deposited compensation can be withdrawn
- How the balance amount should be held pending the appeal
Subjects
- compensation
- insurance
- withdrawal
- tribunal award
- fixed deposit
- appeal
- civil application
Judgment
2026:BHC-AUG:41365
25 CA No.10273.2026
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10273 OF 2026
IN FAST/18440/2025
URMILA GANPATRAO PANDHARE
VERSUS
NATIONAL INSURANCE CO LTD
***
Advocate for Applicant : Mr. Amjad Pathan h/f Mr. H. I. Pathan
Advocate for Respondents : Mr. Sudhir V. Kulkarni
***
WITH
CIVIL APPLICATION NO. 6599 OF 2025
IN FAST/18440/2025
NATIONAL INSURANCE COMPNAY LTD THROUGH ITS DIVISIONA
MANAGER
VERSUS
URMILABAI GANPATRAO PANDHARE AND OTHERS
***
Advocate for Applicant : Mr. Sudhir V. Kulkarni
Advocate for Respondents No. 1 to 3 : Mr. Amjad Pathan h/f Mr. H.
I. Pathan
WITH
CIVIL APPLICATION NO. 6598 OF 2025
IN FAST/18440/2025
NATIONAL INSURANCE COMPNAY LTD THROUGH ITS DIVISIONAL
MANAGER
VERSUS
URMILABAI GANPATRAO PANDHARE AND OTHERS
***
Advocate for Applicant : Mr. Sudhir V. Kulkarni
Advocate for Respondents No. 1 to 3 : Mr. Amjad Pathan h/f Mr. H.
I. Pathan
***
25 CA No.10273.2026
-2-
CORAM : SACHIN S. DESHMUKH, J.
Date : 8th September, 2026
PER COURT :-
Civil Application No. 10273 of 2026
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
permit the applicant to withdraw the amount.
3. Thus, the application is partly allowed.
4. The applicant is permitted to withdraw 75% of the
deposited amount in this court, alongwith interest accrued thereon.
5. The applicant shall furnish an undertaking that
disbursement would remain subject to final outcome of this appeal.
25 CA No.10273.2026
-3-
6. The balance amount shall be kept in Fixed Deposit of
any Nationalized Bank initially for the period of three (03) years,
the same shall be renewed periodically until further orders of this
court.
Civil Application No.6598 of 2025
1. For the reasons stated in the application, the civil
application is allowed.
2. First Appeal be registered.
First Appeal (St.) No. 18440 of 2025
1. Admit.
2. Call Record and Proceedings.
3. Mr. Amjad Pathan h/f Mr. H. I. Pathan waives service
on behalf of respective respondent/s.
4. Hearing expedited.
(SACHIN S. DESHMUKH, J.)
Omkar Joshi
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