Bombay High Court

Manoj Sampat BhilversusThe Oriental Insurance Compny Ltd

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court held that the applicant may withdraw 75% of the deposited compensation with interest, subject to conditions, while the balance remains in fixed deposit until further orders.

Summary

Manoj Sampat Bhil applied to the Bombay High Court seeking permission to withdraw a portion of the compensation awarded by a tribunal and deposited by Oriental Insurance Company Ltd. The tribunal had earlier endorsed his entitlement after considering the rival contentions of the parties. The court examined whether the applicant could be allowed to withdraw the amount while the appeal on the award remained pending. Balancing the competing interests, the court found it appropriate to permit a partial withdrawal. Consequently, the applicant was allowed to withdraw 75% of the deposited amount with accrued interest, subject to an undertaking that disbursement remains contingent on the final outcome of the appeal, while the balance is to be kept in a fixed deposit for three years.

Issues considered

Whether the applicant is entitled to withdraw a portion of the compensation deposited by the insurer pending the final decision on the appeal

Subjects

compensation
insurance
withdrawal
appeal
fixed deposit
interest

Judgment

2026:BHC-AUG:41366



                                                                     23 CA No.10231.2026
                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 10231 OF 2026
                                       IN FA/2196/2026

                                   MANOJ SAMPAT BHIL
                                         VERSUS
                           THE ORIENTAL INSURANCE COMPNY LTD
                                               ***
              Advocate for Applicant : Mr. Pramod C. Mayure
              Advocate for Respondent No. 1 : Mr. A. S. Usmanpurkar
                                               ***

                                CORAM : SACHIN S. DESHMUKH, J.
                                   Date : 8th September, 2026

              PER COURT :-


              1.          The applicant has presented this application seeking

              withdrawal of the amount of compensation awarded by the

              tribunal, which is deposited by the Insurance Company.



              2.          Considering the facts and circumstances that the

              entitlement of the applicant 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 applicant to withdraw the amount.



              3.          Thus, the application is partly allowed.
                                                           23 CA No.10231.2026
                                    -2-

4.            The applicant is permitted to withdraw 75% of the

deposited amount in this court, alongwith interest accrued thereon.



5.            The   applicant   shall     furnish   an   undertaking     that

disbursement would remain subject to final outcome of this appeal.



6.            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

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