SAJANBI VAJIR MOMIN AND ORS. v. DATTU VAIJNATH KARAD AND ORS.
CA/9208/2026 · 2026-08-17
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3458 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3458 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 31-CA-9208-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9208 OF 2026 IN FAST/12006/2026 SAJANBI VAJIR MOMIN AND OTHERS VERSUS DATTU VAIJNATH KARAD AND OTHERS ... Advocate for Applicants : Mr. Fayaz K. Patel Advocate for Respondent No.3 : Mr. Abhijit Choudhari ...
CORAM : SACHIN S. DESHMUKH, J. DATE : 17-08-2026 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.
4. Thus, the civil application is partly allowed. 2026:BHC-AUG:37592
2 31-CA-9208-26.odt
5. The applicants are permitted to withdraw 75% 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 applicants-claimants No.2 and 3 shall be fixed in any nationalized bank to the extent as indicated in clause (3) of the operative order of the tribunal.
6. The applicants shall furnish an undertaking that disbursement would remain subject to 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 three (3) years, which is to be renewed periodically until further orders of this court.
[SACHIN S. DESHMUKH]
JUDGE rrd