Bombay High Court
RAMESH BALIRAM PALVEversusRELIANCE GENERAL INSURANCE CO LTD THROUGH NEW NAME INDUSLNDGENERAL INSURANCE COMPANY LTD
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the applicant to withdraw 50% of the awarded compensation with interest, subject to conditions, and directed the balance to be kept in a fixed deposit.
Summary
The applicant, Ramesh Baliram Palve, filed a civil application seeking to withdraw a portion of the compensation awarded to him by a tribunal in an insurance claim against Reliance General Insurance Co Ltd (now IndusInd General Insurance Co Ltd). The insurer appealed the tribunal's award but had already deposited the awarded amount with the court. The High Court considered the tribunal's endorsement of the applicant's entitlement and the need to balance competing interests. It permitted the applicant to withdraw 50% of the awarded amount along with accrued interest, subject to an undertaking that the disbursement remains contingent on the final outcome of the appeal. The remaining balance was ordered to be placed in a fixed deposit with a nationalized bank for two years, renewable until further orders. The civil application was therefore partly allowed.
Issues considered
- Whether the applicant may be allowed to withdraw a portion of the compensation awarded by the tribunal pending the outcome of the insurer's appeal
Subjects
- insurance claim
- compensation award
- withdrawal of award
- tribunal decision
- appeal
- partial relief
- fixed deposit
Judgment
2026:BHC-AUG:38791
1 23-CA-9529-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9529 OF 2026 IN FA/1841/2026
RAMESH BALIRAM PALVE
VERSUS
RELIANCE GENERAL INSURANCE CO LTD THROUGH NEW NAME
INDUSLND GENERAL INSURANCE COMPANY LTD
...
Advocate for Applicant : Mr. Suraj R. Bagal
Advocate for Respondent No.1 : Mr. Aniruddha S. Usmanpurkar
Advocate for Respondent No.2 : Mr. Aadil A. Shaikh h/f.
Mr. Sartaj H. Pathan
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 28-08-2026
PER COURT:-
1. The applicant/claimant has 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 applicant. 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 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.
2 23-CA-9529-26.odt
4. Thus, the civil application is partly allowed.
5. The applicant-claimant is to withdraw 50% of the amount
with the accrued interest deposited in this court, on furnishing
usual undertaking to the satisfaction of the Registrar (Judicial) of
this Court that the disbursement remains contingent upon the final
outcome of this appeal.
6. The balance amount shall be invested in the Fixed Deposit of
any Nationalized Bank initially for the period of two (2) years,
which is to be renewed periodically until further orders of this
court.
[SACHIN S. DESHMUKH]
JUDGE
rrd
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