Ashwini wo Sachin Rokade and oOrs. v. Divisional Officer, Bajaj Allianz Gen Insurance Co. Ltd., Thr its Authorised Signatory and Anr.
Case brief
What is this about?
Interim/partial withdrawal of deposited Employees' Compensation amount pending statutory first appeal; 50% release with undertaking to redeposit on adverse order; minors' shares withdrawn through Applicant No.1 as guardian; balance in fixed deposit; insurer's driving-license liability defence unresolved and left to the Appeal; Bajaj Allianz General Insurance Co. Ltd.; Commissioner for Employees Compensation and Judge, Labour Court, Ahmednagar; First Appeal (ST) No. 29164 of 2025; Civil Application No. 5419 of 2026; High Court of Judicature at Bombay, Bench at Aurangabad; Abhay J. Mantri, J.; decision date 07th May, 2026; key amounts Rs. 13,56,026/- (deposited, sought to be withdrawn) and Rs. 10,49,600/- (awarded compensation with 12% interest); deceased Sachin Rokade, road accident 29th January, 2023; ex parte proceedings against employer.
What did the court decide?
Permission to withdraw 50% of the compensation amount deposited by the Insurance Company before the learned Trial Court, subject to filing an undertaking to redeposit the withdrawn amount in case an adverse order is passed; Applicant No.1 permitted to withdraw on behalf of minor Applicant Nos. 2 and 3; remaining compensation amount to be placed in fixed deposit; copy of the order to be placed on the record of the Appeal.