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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of the deposited compensation immediately with interest, subject to an undertaking, and allowed the remaining 50% to be withdrawn only upon furnishing satisfactory solvent security, while staying the execution of the judgment pending appeal.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half of the deposited sum with accrued interest upon giving a standard undertaking, while the remaining half could be withdrawn only upon furnishing solvent security satisfactory to the Registrar.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  • What portion of a court‑deposited compensation award may be withdrawn by the claimant pending an appeal by the insurer?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


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