Bombay High Court

NANASAHEB SHRIMANT GADHAVEversusTHE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court allowed a partial withdrawal of 50% of the deposited compensation amount, subject to conditions.

Summary

The applicants filed a civil application seeking to withdraw a portion of the compensation amount that had been deposited by the insurance company following a tribunal award. 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 strike a proper balance. Consequently, the court permitted the applicants to withdraw 50% of the deposited amount along with accrued interest, subject to an undertaking that further disbursement would depend on the final outcome of any appeals. The remaining balance was ordered to be kept in a fixed deposit for three years, renewable until further orders.

Issues considered

Whether the court may allow the applicants to withdraw a portion of the compensation amount deposited by the insurer pending the final outcome of appeals

Subjects

compensation
insurance
withdrawal
tribunal award
partial withdrawal
civil application
interest
fixed deposit

Judgment

2026:BHC-AUG:42299
                                                  1                     40-CA-9295-26.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                               CIVIL APPLICATION NO. 9295 OF 2026
                                          IN FA/2973/2025

                         NANASAHEB SHRIMANT GADHAVE AND OTHERS
                                              VERSUS
                     THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD
                                                 …
                     Advocate for Applicants : Mr. Amarpreet F. Naiknavare h/f.
                                               Mr. A. A. Nimbalkar
                                     Respondent No.1 served
                                                  ...

                                           CORAM :        SACHIN S. DESHMUKH, J.
                                           DATE       :   10-09-2026
                PER COURT:-

                1.    The applicants have 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 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

                applicant to withdraw the amount.


                3.    Thus, the civil application is partly allowed.


                4.    The applicants are permitted to withdraw 50% of the

                deposited amount in this court, alongwith interest accrued

                thereon.
                                   2                       40-CA-9295-26.odt




5.    The    applicants    shall       furnish   an   undertaking     that

disbursement would remain subject to the final outcome of the

appeals, 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 (3) years, which

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




                                   [SACHIN S. DESHMUKH]
                                           JUDGE



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