Bombay High Court
VINOD BANWARILAL JANGIDversusThe Oriental Insurance Company Limited
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court held that the applicant may withdraw fifty percent of the deposited compensation with interest, upon furnishing a suitable undertaking.
Summary
The applicant, Vinod Banwarilal Jangid, filed a civil application seeking permission to withdraw the compensation amount deposited by The Oriental Insurance Company Limited following a judgment and award. The respondent opposed, alleging contributory negligence by the claimant and asserting that no functional disability was sustained. The court examined the application and noted that the case involved a regular accident, with further merits to be considered at the appeal stage. It concluded that the application should be partly allowed, permitting the applicant to withdraw fifty percent of the deposited amount along with accrued interest, subject to a standard undertaking. The civil application was thereafter disposed of.
Issues considered
- Whether the applicant is entitled to withdraw the compensation deposited by the insurer
- Whether contributory negligence on the part of the claimant bars withdrawal of the compensation
- Whether the absence of functional disability affects the applicant's right to the compensation
Subjects
- compensation
- insurance
- withdrawal
- contributory negligence
- functional disability
- civil application
- partial allowance
Judgment
2026:BHC-AUG:526
927-ca-14009-2025
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 14009 OF 2025
IN FA/4018/2023
Vinod Banwarilal Jangid
VERSUS
The Oriental Insurance Company Limited
...
Mr. M. G. Patil, Advocate for Applicant
Mr. M. K. Goyanka, Advocate for Respondent no.1
CORAM : SANJAY A. DESHMUKH, J.
DATED : 08th JANUARY, 2026
PER COURT :-
1. This is an application for permission to withdraw the
amount of compensation deposited in this Court as per the impugned
judgment and award.
2. Perused the application. Heard learned Advocates for both
the sides.
3. Learned Advocate for respondent strongly opposed the
application and submitted that there is contributory negligence on the
part of claimant. He further submitted that there is no functional
disability sustained to the applicant. He therefore prayed to reject the
application.
4. On perusal of the application and impugned judgment, it is
crystal clear that it is the case of the regular accident. All other aspects
will be considered on merit at the final hearing of the appeal.
927-ca-14009-2025
-2-
Considering all these aspects, the application deserves to be partly
allowed. Hence, the following order:
ORDER
a. Civil Application is partly allowed.
b. Applicant is permitted to withdraw 50%
amount deposited by the Insurance Company in this
Court alongwith interest accrued thereon on furnishing
usual undertaking to the satisfaction of the learned
Registrar (Judicial) of this Court.
c. Civil Application stands disposed of.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2025
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