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Bombay High Court

Ajay Madhukar SonavaneversusThe Oriental Insurance Compny Ltd

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that, having regard to the tribunal’s endorsement of the applicant’s entitlement and the need to balance competing interests, it may permit the applicant to withdraw up to 75% of the deposited amount subject to conditions.

Summary

Ajay Madhukar Sonavane applied to the High Court of Bombay seeking to withdraw a portion of the compensation awarded by a tribunal and deposited by Oriental Insurance Company Ltd. The tribunal had affirmed the applicant’s entitlement after considering the rival contentions. The court examined whether it could allow a partial withdrawal while balancing the interests of the parties and preserving the remaining amount pending the final appeal. It held that, given the tribunal’s endorsement and the need to strike a balance, the applicant could be permitted to withdraw 75% of the deposited sum with accrued interest. The court conditioned the withdrawal on an undertaking that disbursement remain subject to the final outcome and directed that the balance be kept in a fixed deposit for three years, renewable until further orders.

Issues considered

  • Whether the applicant may be allowed to withdraw a portion of the compensation amount deposited by the insurer pending the final outcome of the appeal?

Subjects

  • Compensation
  • Insurance
  • Partial withdrawal
  • Tribunal award
  • Fixed deposit
  • Court order

Judgment

2026:BHC-AUG:42175
                                                  1                      37-CA-10267-26.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD


                              CIVIL APPLICATION NO. 10267 OF 2026
                                         IN FA/2200/2026

                                   AJAY MADHUKAR SONAVANE
                                            VERSUS
                     THE ORIENTAL INSURANCE COMPANY LTD AND ANOTHER
                                               ...
                         Advocate for Applicant : Mr. Pramod C. Mayure
                      Advocate for Respondent No.1 : Mr. A. S. Usmanpurkar
                                               ...

                                           CORAM :        SACHIN S. DESHMUKH, J.
                                           DATE       :   10-09-2026
                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.


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

                amount in this court, alongwith interest accrued thereon.
                                   2                      37-CA-10267-26.odt




5.    The applicant shall furnish an undertaking that disbursement

would remain subject to the final outcome of this appeal, to the

satisfaction of the Registrar (Judicial) of this Court.


6.    The balance amount shall be kept in 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



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