Bombay High Court
Burzin Jangoo PrinterversusThe Oriental Insurance Company Ltd Through its Divisional Manager
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court permitted withdrawal of 50% of the deposited compensation immediately with interest, subject to an undertaking, and allowed the remaining 50% to be withdrawn only upon furnishing satisfactory solvent security, while staying the execution of the judgment pending appeal.
Summary
The applicant, Burzin Jangoo Printer, filed a civil application seeking withdrawal of the amount deposited in the High Court following a judgment (MACP No.133/2018) that awarded Rs.14,00,000 as compensation against The Oriental Insurance Company Ltd. The insurer appealed the award on the ground of quantum, contending that a post‑death income‑tax return indicated a higher income and thus a higher compensation should be payable. The Court noted that the disputed portion represented roughly 50% of the total award. It allowed the applicant to withdraw half of the deposited sum with accrued interest upon giving a standard undertaking, while the remaining half could be withdrawn only upon furnishing solvent security satisfactory to the Registrar. Additionally, the Court stayed the execution of the impugned judgment and award pending final disposal of the appeal. The civil application was consequently disposed in favour of the applicant.
Issues considered
- What portion of a court‑deposited compensation award may be withdrawn by the claimant pending an appeal by the insurer?
- Whether the appeal challenging the quantum of compensation warrants a stay of execution of the judgment?
- What conditions must be imposed for the withdrawal of the remaining balance of the deposited amount?
Subjects
- compensation award
- insurance claim
- quantum of damages
- stay of execution
- withdrawal of deposited amount
- appeal
- civil procedure
Judgment
2026:BHC-AUG:18571
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
907 CIVIL APPLICATION NO. 4823 OF 2026
IN FA/241/2026
BURZIN JANGOO PRINTER
VERSUS
THE ORIENTAL INSURANCE COMPANY LTD THROUGH ITS
DIVISIONAL MANAGER
Mr.A.P.Bhandari, Advocate for the applicant.
Mr.Dhananjay Deshpande, Advocate for respondent No.1 (Through VC)
( CORAM : KISHORE C. SANT AND
SUSHIL M. GHODESWAR, JJ. )
DATE : 23 APRIL, 2026
PER COURT :
1. Heard the learned Advocates for the respective parties.
2. This application is filed for seeking withdrawal of the
amount deposited in this Court pursuant to the judgment and award
passed in MACP No.133/2018 wherein the Court has awarded the
amount of Rs.14,00,000/- towards compensation. The appeal by the
Insurance Company is filed mainly on the ground of quantum. The
main ground raised in the appeal is that the Court has considered the
khs/April 2026/4823
-2-
income tax return filed after the death of the applicant and hold that
though it does not appear to be addition in the earlier income, but is in
fact noticeably raised.
3. Be that as it may, this Court find that the total amount
awarded is only Rs.14,00,000/-. The disputed amount by the Insurance
Company is around 50% of the said amount.
4. This Court finds that in such circumstances, the application
can be allowed on following terms and hence the order :-
[a] The applicant is at liberty to withdraw 50% of the amount
deposited alongwith accrued interest on giving usual undertaking to the
satisfaction of the learned Registrar (Judicial) of this Court.
[b] Remaining 50% of the amount is allowed to be withdrawn by
furnishing solvent security to the satisfaction of the learned Registrar
(Judicial) of this Court.
5. With this, the application stands allowed.
khs/April 2026/4823
-3-
CA No.1165/2026 for Stay.
6. This application is not on board, taken on board.
7. Since now the amount is deposited in this Court and as this
Court has also permitted the respondents / original claimants to
withdraw the amount, there shall be stay to the impugned judgment
and award till final disposal of the appeal.
8. Civil application stands disposed of accordingly. Parties are
put to notice that both the appeals will be heard at the stage of
admission by this Court, if time permits. R &P is already received.
( SUSHIL M. GHODESWAR, J.) ( KISHORE C. SANT, J.)
khs/April 2026/4823
Checking your session…