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2025 DAILYLAW 4091 (BOM)

ANITA PAWAN ANDHALE AND ORS v. THE NEW INDIA ASSURANCE CO. LTD, THR ITS AUTHORIZED SIGNATORY S.S. MAKHRE, AURANGABAD AND ORS

CA/10039/2025 · 2026-08-31

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30 CA No.10039.2025 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10039 OF 2025 IN FA/3386/2018 ANITA PAWAN ANDHALE AND ORS VERSUS THE NEW INDIA ASSURANCE CO. LTD, THR ITS AUTHORIZED SIGNATORY S.S. MAKHRE, AURANGABAD AND ORS *** Advocate for Applicants : Mr. Rahul B. Temak Advocate for Respondent No. 1 : Mr. M. M. Ambhore *** WITH FIRST APPEAL NO. 3386 OF 2018 THE NEW INDIA ASSURANCE CO. LTD, THR ITS AUTHORIZED SIGNATORY S.S. MAKHRE, AURANGABAD VERSUS ANITA PAWAN ANDHALE AND ORS *** Advocate for Appellant : Mr. M. M. Ambhore Advocate for Respondents : Mr. Rahul B. Temak *** CORAM : SACHIN S. DESHMUKH, J. Date : 31st August, 2026 PER COURT :- Civil Application No. 10039 of 2025 1. 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. 2. The Applicants have preferred this Application seeking 2026:BHC-AUG:39464 30 CA No.10039.2025 -2- withdrawal of the balance compensation amount awarded by the Tribunal, which is deposited by the Insurance Company. 3. The learned counsel for the Applicants submits that by an earlier order dated 06.09.2018, passed in Civil Application No. 12004 of 2018, this Court had permitted the withdrawal of 50% of the deposited amount. It is submitted that since the Applicants are pursuing the higher studies, require the remaining amount to meet the educational expenses. 4. In view of the above, it will be appropriate to permit the applicants to withdraw the 25% amount out of balance amount. 5. Thus, the civil application is partly allowed. 6. The applicants are permitted to withdraw 25% of the balance deposited amount in this Court, alongwith accrued interest thereon. 7. The applicants shall furnish an undertaking that disbursement would remain subject to final outcome of this appeal, to the satisfaction of the Registrar (Judicial) of this Court. 30 CA No.10039.2025 -3- 8. The balance amount shall be kept in Fixed Deposit of any Nationalized Bank initially for the period of three (03) years, the same shall be renewed periodically until further orders of this court. (SACHIN S. DESHMUKH, J.) Omkar Joshi