Bombay High Court

KISAN HARI HADWALEversusDivisional Managar

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court permitted the applicants to withdraw 50% of the awarded compensation with interest, subject to an undertaking, while the balance remains in a fixed deposit pending the appeal.

Summary

The applicants, Kisan Hari Hadwale and another, filed a civil application seeking to withdraw the compensation awarded by a tribunal in their favour against HDFC ERGO General Insurance Co. Ltd. The insurance company appealed the tribunal's award, but deposited the awarded amount as directed by the court. The High Court examined the competing interests of the parties and the endorsement of the applicants' entitlement by the tribunal. It held that it was appropriate to allow the applicants to withdraw a portion of the amount while the appeal is pending. Accordingly, the court ordered that 50% of the awarded sum, together with accrued interest, may be withdrawn upon an undertaking, and the balance be kept in a fixed deposit for three years, renewable until further order.

Issues considered

Whether the court may permit the applicants to withdraw part of the compensation awarded by the tribunal pending the outcome of the insurance company's appeal

Subjects

compensation
insurance claim
withdrawal
tribunal award
appeal
fixed deposit
partial payment

Judgment

2026:BHC-AUG:37591
                                                  1                     32-CA-9211-26.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                               CIVIL APPLICATION NO. 9211 OF 2026
                                         IN FA/1436/2025

                             KISAN HARI HADWALE AND ANOTHER
                                            VERSUS
                DIVISIONAL MANAGAR HDFC ERGO GENERAL INSURANCE CO. LTD.
                                              ...
                          Advocate for Applicants : Mr. K. N. Shermale
                       Advocate for Respondent No.1 : Mr. M. R. Deshmukh
                                              ...

                                           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.
                                  2                      32-CA-9211-26.odt




4.    Thus, the civil application is partly allowed.


5.    The applicants are permitted to withdraw 50% of the amount

alongwith accrued interest thereon, deposited in this court, on

furnishing an usual undertaking that disbursement would remain

subject to final outcome of this appeal.


6.    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

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