Bombay High Court
GAJANAN TUKARAM DAVALEversusTHE UNITED INDIA INSURANCE COMPANY. LTD., THR. DIVISIONAL MANAGER AND ANR.
- Decided
- Disposal
- Partly Allowed
- Bench
- R M JOSHI
Holding
The court held that the claimants may withdraw only 50% of the awarded compensation amount.
Summary
The Divisional Manager of United India Insurance Company Ltd filed interim applications seeking withdrawal of the compensation awarded by a tribunal to the claimants, Pravin Ganesh Davale and others. The claimants argued they had proved their case before the tribunal and should be allowed to withdraw the entire amount. The insurer contended that the award lacked justification for certain expenses and loss of income, and therefore should not be fully withdrawn. The court examined the tribunal's judgment and found that the claimants had established a right to compensation, but not to a full withdrawal. Consequently, the court partially allowed the applications, permitting the claimants to withdraw only 50% of the awarded sum upon giving a usual undertaking.
Issues considered
- Whether the claimants are entitled to withdraw the full amount of compensation awarded by the tribunal
- Whether the tribunal's award can be set aside in its entirety on the ground of unjustified expenses and loss of income
- Whether a partial withdrawal of the awarded amount is permissible
Subjects
- compensation
- insurance
- withdrawal of award
- tribunal judgment
- partial allowance
- undertaking
Judgment
8 IA 13261-25 AND 25 IA 13306-25-C.DOC
Priya Soparkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.13261 OF 2025
IN
FIRST APPEAL (ST.) NO.482 OF 2023
WITH
INTERIM APPLICATION NO.13306 OF 2025
IN
FIRST APPEAL (ST.) NO.485 OF 2023
Divisional Manager, United India Insurance …Appellant
Company Limited
Versus
Pravin Ganesh Davale and anr. …Respondents
Ms. Varsha Chavan, for the Appellant in both the matters.
Ms. Aishwarya Hinge i/by Mr. Saurabh Butala, for the Respondent
No.1.
CORAM: R. M. JOSHI, J.
DATED: 18th FEBRUARY, 2026.
PC:-
1. These applications are for withdrawal of the amount of
compensation granted in favour of the Claimants by the Tribunal
by judgment and order dated 1 st July, 2022, and deposited
pursuant to order of this Court dated 6th February, 2023.
Digitally
signed by
PRIYA
PRIYA RAJESH
RAJESH SOPARKAR
SOPARKAR Date:
2026.02.18
16:27:39
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18 February, 2026.
8 IA 13261-25 AND 25 IA 13306-25-C.DOC
2. Learned counsel for the Claimants submits that Claimants
have succeeded in proving their claim before the Tribunal and as
such, the entire amount may be allowed to be withdrawn.
3. Learned counsel for the Appellant opposed the said
contention by drawing attention of the Court to the impugned
judgment and award which according to her indicates that there is
no justification for grant of compensation for other expenses of
Rs.75,000/- and the loss of actual income.
4. Even if contention of the learned counsel for the Appellant
that it is accepted to be correct, Appellant would not succeed to
seek setting aside of impugned award in toto. Prima facie perusal
of the judgment indicates that the Claimants have made out case
for seeking compensation. In such case, it would be appropriate to
permit the Claimants to withdraw 50% of the amount on usual
undertaking.
5. Hence, order:-
ORDER
I. Applications are partly allowed.
ii. Claimants are permitted to withdraw 50% of the amount on
usual undertaking.
iii. Applications stands disposed of accordingly.
(R. M. JOSHI, J.)
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