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2026 DAILYLAW 13194 (BOM)

Ujawala Satish Kantode v. The Divisional Manager

CA/10279/2026 · 2026-09-24

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Judgment text

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26 CA10279.2026+ -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 26 CIVIL APPLICATION NO. 10279 OF 2026 WITH FA/1860/2026 UJAWALA SATISH KANTODE AND OTHERS VERSUS THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD. AND ANOTHER ... Advocate for Applicants : Mr. Prasanna Shankarrao Chavan Advocate for Respondent No.1 : Mr. Atul Bhaskar Gatne … WITH … FIRST APPEAL NO.1860 OF 2026 THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD. VERSUS UJAWALA SATISH KANTODE AND OTHERS ... Advocate for Appellant : Mr. Atul Bhaskar Gatne Advocate for Respondents No.1 to 6 : Mr. Prasanna Shankarrao Chavan ... CORAM : SACHIN S. DESHMUKH, J. Date : 24.09.2026 PER COURT :- 1. Heard. CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 2. The Appellant – Insurance Company has presented 2026:BHC-AUG:43669 26 CA10279.2026+ -2- 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. The applicants have presented this application seeking withdrawal of the amount of compensation awarded by the tribunal, which is deposited by the Insurance Company. 4. 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. 5. Thus, the application is partly allowed. The applicants are permitted to withdraw 75% of the deposited amount in this court along with accrued interest thereon. 6. The applicants shall furnish usual undertaking that disbursement would remain subject to final outcome of this appeal. 26 CA10279.2026+ -3- 7. The balance amount shall be kept in Fixed Deposit of any Nationalized Bank initially for the period of three (03) years, which is to be renewed periodically until further orders of this court. FIRST APPEAL 8. Admit. 9. Mr. P. S. Chavan, learned counsel accepts notice on behalf of Respondents No.1 to 6. 10. Print and Paper Book stands dispensed with. (SACHIN S. DESHMUKH, J.) marathe