Bombay High Court

Ravin Baban BhilversusThe Oriental Insurance Company Ltd

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court permitted the applicant to withdraw 75% of the deposited compensation amount, subject to conditions, while retaining the balance in fixed deposit.

Summary

The applicant, Ravin Baban Bhil, filed a civil application seeking permission to withdraw a portion of the compensation awarded by a tribunal and deposited by Oriental Insurance Company Ltd. The court examined the tribunal's endorsement of the applicant's entitlement after considering the rival contentions and the need to balance competing interests. It held that allowing a partial withdrawal was appropriate. Consequently, the court ordered that the applicant may withdraw 75% of the deposited amount with accrued interest, subject to an undertaking that disbursement remains contingent on the final outcome of the appeal. The remaining 25% is to be kept in a fixed deposit with a nationalized bank for three years, renewable until further orders. The application was therefore partly allowed.

Issues considered

Whether the applicant is entitled to withdraw a portion of the compensation awarded by the tribunal and deposited by the insurance company

Subjects

compensation
insurance
withdrawal of amount
tribunal award
fixed deposit
civil procedure

Judgment

2026:BHC-AUG:41367



                                                                     24 CA No.10235.2026
                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 10235 OF 2026
                                       IN FA/2197/2026

                                    RAVIN BABAN BHIL
                                          VERSUS
                           THE ORIENTAL INSURANCE COMPANY LTD
                                              ***
              Advocate for Applicant : Mr. Pramod Mayure C
              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.
                                                           24 CA No.10235.2026
                                    -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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