Bombay High Court

Sakhahari Pandurang MungaseversusThe Manager Bajaj Alliance General Insurance Co Bajaj Alliance

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court permitted the applicants to withdraw 75% of the awarded compensation with interest, subject to conditions, while the balance remains in a fixed deposit pending the appeal's final outcome.

Summary

The applicants, Sakharhi Pandurang Mungase, filed a civil application seeking to withdraw a portion of the compensation awarded to them by a tribunal in a claim against Bajaj Alliance General Insurance Co. The insurance company appealed the tribunal's award, objecting to the amount granted. The High Court examined the competing interests of the parties and the tribunal's endorsement of the applicants' entitlement. It held that allowing a partial withdrawal would balance the interests and maintain the integrity of the pending appeal. Consequently, the court ordered that the applicants may withdraw 75% of the awarded sum with accrued interest, while the balance is to be kept in a fixed deposit for one year, subject to renewal, and disbursement is contingent on the final outcome of the appeal.

Issues considered

Whether the applicants may withdraw a portion of the compensation awarded by the tribunal pending the appeal by the insurance company
Whether the court can condition the withdrawal on the final outcome of the appeal and direct the balance to be kept in a fixed deposit

Subjects

compensation
insurance
withdrawal
tribunal award
civil application
high court
appeal

Judgment

2026:BHC-AUG:38326
                                                  1                     18-CA-7149-26.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                      CIVIL APPLICATION NO. 7149 OF 2026 IN FA/1192/2026

                               SAKHAHARI PANDURANG MUNGASE
                                            VERSUS
                 THE MANAGER BAJAJ ALLIANCE GENERAL INSURANCE CO BAJAJ
                                           ALLIANCE
                                                ...
                            Advocate for Applicant : Mr. Vijay B. Jagtap
                      Advocate for Respondent No.1 : Mr. M. R. Deshmukh
              Advocate for Respondents No.2,3 : Mr. Avinash Khedkar, Mr. P. R. Karpe
                                                ...

                                           CORAM :        SACHIN S. DESHMUKH, J.
                                           DATE       :   21-08-2026
                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                       18-CA-7149-26.odt




4.    Thus, the civil application is partly allowed.


5.    The applicants are permitted to withdraw 75% of the amount

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

apportionment given in the order of the tribunal. The amount of

applicants-claimants No.2 and 3 shall be fixed in any nationalized

bank to the extent as indicated in the operative order of the

tribunal.


6.    The    applicants    shall       furnish   an   undertaking     that

disbursement remains contingent upon the final outcome of this

appeal, to the satisfaction of the Registrar (Judicial) of this Court.


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

Nationalized Bank initially for the period of one (1) year, which is

to be renewed periodically until further orders of this court.




                                   [SACHIN S. DESHMUKH]
                                           JUDGE

rrd

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