Bombay High Court

Balaji Manohar Gawad.versusThe Branch Manager, Reliance General Insurance Company Ltd and Ors.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court permits the applicant to withdraw 75% of the deposited compensation with interest, keeping the balance in a fixed deposit for three years.

Summary

Balaji Manohar Gawad obtained a compensation award from a tribunal against Reliance General Insurance Company. The insurer deposited the awarded amount as directed by the court. Gawad filed an application to withdraw the deposited compensation. The court examined the competing interests and the tribunal's endorsement of the applicant's entitlement. It allowed the applicant to withdraw 75% of the deposited sum along with accrued interest, subject to an undertaking, while directing that the remaining balance be kept in a fixed deposit for three years, renewable until further order.

Issues considered

What portion of the tribunal-awarded compensation deposited by the insurer may the applicant withdraw?
Are there conditions attached to the withdrawal of the deposited amount?

Subjects

insurance
compensation award
tribunal decree
withdrawal of deposited amount
fixed deposit
civil procedure

Judgment

2026:BHC-AUG:44220



                                                                 19 CA8419.2026
                                            -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                          CIVIL APPLICATION NO. 8419 OF 2026
                                   IN FA/2026/2026

                                BALAJI MANOHAR GAWAD.
                                           VERSUS
                THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE
                                 COMPANY LTD AND ORS.
                                             …
              Advocate for Applicant : Mr. Manoj Uttamrao Shelke
              Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar
                                             ...

                                        CORAM : SACHIN S. DESHMUKH, J.
                                           Date : 29.09.2026

              PER COURT :-

              1.         Heard.


              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

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

              company has deposited the amount awarded by the tribunal.


              3.         The applicant has presented this application seeking

              withdrawal of the amount of compensation awarded by the

              tribunal, which is deposited by the Insurance Company.
                                                      19 CA8419.2026
                                  -2-

4.            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.


5.            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, subject to executing

usual undertaking to the satisfaction of the Registrar (Judicial) of

this court.


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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