Bombay High Court
Suchita Dinesh Desle and otherversusThe Reliance General Insurace Company Ltd and others
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that, despite the insurer’s appeal, the applicants may withdraw fifty percent of the awarded compensation, subject to interest and a fixed‑deposit arrangement pending the final appeal outcome.
Summary
The applicants filed a civil application seeking withdrawal of the compensation awarded by a tribunal in their favour against the insurer. The insurer appealed the award, objecting to the amount. The High Court examined the tribunal’s endorsement of the applicants' entitlement and the competing interests of the parties. It ordered that the applicants may withdraw fifty percent of the awarded sum, together with accrued interest, while the balance is to be kept in a fixed deposit for two years pending the appeal outcome. The court also directed that the minor claimants' share be invested in fixed deposits and required the applicants to give an undertaking that disbursement is contingent on the final appeal result. Consequently, the application was partly allowed.
Issues considered
- Whether the applicants are entitled to withdraw part of the compensation awarded by the tribunal pending the insurer's appeal
- Whether the court can condition the withdrawal on the outcome of the appeal and impose a fixed‑deposit arrangement
Subjects
- compensation
- insurance
- withdrawal
- tribunal award
- appeal
- fixed deposit
- minor claimants
Judgment
2026:BHC-AUG:38789
1 24-CA-9536-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9536 OF 2026 IN FA/53/2026
SUCHITA DINESH DESLE AND OTHERS
VERSUS
THE RELIANCE GENERAL INSURACE COMPANY LTD AND OTHERS
...
Advocate for Applicants : Mr. Shrikant S. Patil
Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 28-08-2026
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 24-CA-9536-26.odt
4. Thus, the civil application is partly allowed.
5. The applicants are permitted to withdraw 50% 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
minor applicants-claimants No.2 and 3 shall be invested in the
fixed deposit receipts in any nationalized bank to the extent as
indicated in the operative order of the Tribunal.
6. The applicants shall furnish usual undertaking to the
satisfaction of the Registrar (Judicial) of this Court that the
disbursement remains contingent upon the final outcome of the
appeal.
7. The balance amount shall be kept 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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