Bombay High Court

SAJANBI VAJIR MOMIN AND ORS.versusDATTU VAIJNATH KARAD AND ORS.

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court allowed the applicants to withdraw 75% of the awarded compensation with interest, subject to an undertaking and the balance being kept in a fixed deposit for three years.

Summary

The applicants filed a civil application seeking to withdraw a portion of the compensation awarded to them by a tribunal. The insurance company, as appellant, challenged the tribunal's award and appealed the decision. The High Court examined the tribunal's endorsement of the applicants' entitlement and the competing interests of the parties. It held that allowing a partial withdrawal would balance these interests and therefore permitted the applicants to withdraw 75% of the awarded amount with accrued interest, subject to an undertaking and the balance being kept in a fixed deposit for three years. The application was consequently partly allowed.

Issues considered

What is the appropriate extent of withdrawal of compensation awarded by the tribunal pending the appeal by the insurance company?
Whether the applicants are entitled to withdraw a portion of the awarded amount subject to conditions imposed by the court?

Subjects

compensation
insurance
tribunal award
withdrawal of amount
appeal
civil application
high court

Judgment

2026:BHC-AUG:37592
                                                  1                     31-CA-9208-26.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 9208 OF 2026 IN FAST/12006/2026

                               SAJANBI VAJIR MOMIN AND OTHERS
                                            VERSUS
                              DATTU VAIJNATH KARAD AND OTHERS
                                               ...
                           Advocate for Applicants : Mr. Fayaz K. Patel
                       Advocate for Respondent No.3 : Mr. Abhijit Choudhari
                                               ...

                                           CORAM :        SACHIN S. DESHMUKH, J.
                                           DATE       :   17-08-2026
                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.


                4.    Thus, the civil application is partly allowed.
                                   2                       31-CA-9208-26.odt



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 clause (3) of the operative order

of the tribunal.


6.    The    applicants    shall       furnish   an   undertaking     that

disbursement would remain subject to 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 three (3) years, which

is to be renewed periodically until further orders of this court.




                                   [SACHIN S. DESHMUKH]
                                           JUDGE

rrd

Continue reading with your account

Checking your session…