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2026 DAILYLAW 4223 (BOM)

Sakhahari Pandurang Mungase v. The Manager Bajaj Alliance General Insurance Co Bajaj Alliance

CA/7149/2026 · 2026-08-21

body2026

Judgment text

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1 18-CA-7149-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 7149 OF 2026 IN FA/1192/2026 SAKHAHARI PANDURANG MUNGASE VERSUS THE MANAGER BAJAJ ALLIANCE GENERAL INSURANCE CO BAJAJ ALLIANCE ... Advocate for Applicant : Mr. Vijay B. Jagtap Advocate for Respondent No.1 : Mr. M. R. Deshmukh Advocate for Respondents No.2,3 : Mr. Avinash Khedkar, Mr. P. R. Karpe ... CORAM : SACHIN S. DESHMUKH, J. DATE : 21-08-2026 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:38326 2 18-CA-7149-26.odt 4. Thus, the civil application is partly allowed. 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 the operative order of the tribunal. 6. The applicants shall furnish an undertaking that disbursement remains contingent upon the final outcome of this appeal, to the satisfaction of the Registrar (Judicial) of this Court. 7. The balance amount shall be kept in the Fixed Deposit of any Nationalized Bank initially for the period of one (1) year, which is to be renewed periodically until further orders of this court. [SACHIN S. DESHMUKH] JUDGE rrd