Bombay High Court
SUSHANT SAHEBRAO DESHMUUKH AND OTHERSversusDIVISION MANAGER, ORIENTIAL INSURANCE COMPANY LTD
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court allowed the applicants to withdraw 50% of the awarded compensation with interest, subject to conditions, while the balance remains in a fixed deposit pending the appeal outcome.
Summary
The applicants, Sushant Sahebrao Deshmukh and others, filed a civil application seeking to withdraw part of the compensation awarded to them by a tribunal in a claim against Oriential Insurance Company Ltd. The insurer appealed the tribunal's award, objecting to the amount and deposited the full award with interest pending the appeal. The High Court examined whether the applicants could be allowed to withdraw any portion of the awarded sum while the appeal was pending. Considering that the tribunal had duly endorsed the applicants' entitlement after weighing the parties' contentions, the Court found it appropriate to permit a partial withdrawal. Accordingly, the Court ordered that the applicants may withdraw 50% of the awarded amount with accrued interest, subject to an undertaking and the balance to be kept in a fixed deposit for two years.
Issues considered
- Whether the applicants may withdraw a portion of the compensation awarded by the tribunal pending the resolution of the insurer's appeal
Subjects
- compensation
- withdrawal
- insurance
- tribunal award
- appeal
- fixed deposit
- interest
Judgment
2026:BHC-AUG:44087
1 28-FA-2562-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 3455 OF 2026 IN FA/2562/2025
SUSHANT SAHEBRAO DESHMUUKH AND OTHERS
VERSUS
DIVISION MANAGER, ORIENTIAL INSURANCE COMPANY LTD
…
Advocate for Applicants : Mr. S. A. Deshpande
Advocate for Respondent No.1 : Mr. Manoj Shinde h/f.
Mr. M. K. Goyanka
...
CORAM : SACHIN S. DESHMUKH, J.
DATE : 28-09-2026
PER COURT:-
1. The applicants have presented application seeking
withdrawal of the amount of compensation.
2. The appellant has presented the appeal, while raising an
objection to the compensation awarded by the tribunal, allowing
the claim petition of the applicants. Pursuant to the order of this
court, the appellant has deposited the entire amount along with
interest awarded by the tribunal.
3. Considering the facts and circumstances that the entitlement
of the applicants 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
applicants to withdraw the amount.
2 28-FA-2562-25.odt
4. Thus, the civil application is partly allowed.
5. The applicants are permitted to withdraw 50% of the amount
along with accrued interest deposited in this court to the extent of
apportionment given in the order of the tribunal.
6. The applicants shall furnish an undertaking that
disbursement remains contingent upon the final outcome of this
appeal, to the satisfaction of the Registrar (Judicial) of this Court.
7. The balance amount shall be kept in the Fixed Deposit of any
Nationalized Bank initially for the period of two (2) years, which is
to be renewed periodically until further orders of this court.
[SACHIN S. DESHMUKH]
JUDGE
rrd
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