Bombay High Court

SHOBHA VASANT TUREversusRELIANCE GENERAL INSURANCE CO LTD THROUGH ITS NEW NAME INDUSLND GENERAL INSURANCE COMPANYLTD THROUG

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court permitted the applicants to withdraw fifty percent of the deposited compensation amount, with interest, while the balance remains in fixed deposit pending the final appeal.

Summary

The applicants, original claimants, filed an application before the High Court of Bombay seeking to withdraw a portion of the compensation awarded by a Tribunal and deposited by Reliance General Insurance. The Court examined the entitlement of the applicants as endorsed by the Tribunal and considered the competing interests of the parties. It held that allowing the applicants to withdraw fifty percent of the deposited amount, together with accrued interest, was appropriate. The remaining fifty percent was ordered to be kept in a fixed deposit with a nationalized bank for an initial period of three years, renewable until further orders. The applicants were required to undertake that any disbursement would be subject to the final outcome of the pending appeal.

Issues considered

Whether the applicants are entitled to withdraw part of the compensation amount deposited by the insurer pending the final outcome of the appeal

Subjects

compensation
insurance
withdrawal
tribunal award
fixed deposit
appeal
high court

Judgment

2026:BHC-AUG:38672
                                                                    C.A. No.9525/2026
                                             :: 1 ::




                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                 BENCH AT AURANGABAD

                         CIVIL APPLICATION NO.9525 OF 2026 IN
                          FIRST APPEAL (ST.) NO.10835 OF 2026


            Shobha Vasant Ture & anr.                  … APPLICANTS

                     VERSUS

            Reliance General Insurance Co. Ltd. & anr. … RESPONDENTS

                                             .......
            Mr. A.M. Gholap, Advocate for applicants
            Mr. A.S. Usmanpurkar, Advocate for R.No.1
                                            ....…

                                     CORAM : SACHIN S. DESHMUKH, J.
                                     DATE     : 24th AUGUST, 2026

            PER COURT :


            1.           Heard. The applicants (original claimants) have presented

            this application seeking withdrawal of the amount of compensation

            awarded by the Tribunal, which is deposited by the respondent No.1

            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
                                                           C.A. No.9525/2026
                                   :: 2 ::


competing interest, it will be appropriate to permit the applicants to

withdraw 50% of the amount deposited by the respondent No.1


3.           Thus, the application is allowed. The applicants are permitted

to withdraw 50% (fifty per cent) of the deposited amount in this Court

along with interest accrued thereon.


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

Nationalized Bank initially for a period of three (3) years, which is to be

renewed periodically until further orders of this Court.


5.           The applicants shall furnish an undertaking that disbursement

of the amount would remain subject to final outcome of the appeal.




                                       (SACHIN S. DESHMUKH, J.)




fmp/-

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