KASTURBAI DATTATRAYA KULKARNI DIED THR LRS BASAVRAJ AND ORS. v. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER AURANGABAD AND ORS.
CA/13978/2025 · 2026-08-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3746 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3746 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 17-CA-13978-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13978 OF 2025 IN FA/173/2020 KASTURBAI DATTATRAYA KULKARNI DIED THR LRS BASAVRAJ AND OTHERS VERSUS BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., THR ITS BRANCH MANAGER AURANGABAD AND OTHERS. ... Advocate for Applicants : Mr. Amol T. Jagtap Advocate for Respondent No.1 : Mr. M. R. Deshmukh Advocate for Respondent No.2 : Mr. S. V. Kulkarni ...
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. 2026:BHC-AUG:38792
2 17-CA-13978-25.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 Motor Accident Claims Tribunal 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.
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