905-IA-7195-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7195 OF 2026 IN FIRST APPEAL ST. NO. 9361 OF 2026 Shri Arun Gulab Chavhan ...Applicant(s) IN THE MATTER OF Universal Sompo General Insurance Co. Ltd. And ors …Appellant(s) Versus Shri Arun Gulab Chavhan ...Respondent(s) ______ Mr. Vasant More, Advocate for the Applicant. Ms. Yogita Deshmukh, Advocate for Respondent No. 1. _______ CORAM: AARTI SATHE, J. DATE: 11th SEPTEMBER, 2026 P.C. 1. This Interim Application has been filed praying for the following reliefs. “(a) That, the compensation amount deposited by the Appellant before the Learned Commissioner for employees compensation and Judge, 5th Labour Court, Mumbai may be released and handover to the applicant alongwith accrued interest thereon.” 2. In the facts of the present case, the Applicant who has filed the present Application was granted compensation of an amount of Rs. 16,32,330/- and medical expenses of Rs. 9,80,716/- with interest realization within three months from the order dated 5th October 2024 passed by the 5th Labour Court (‘impugned award’). This compensation was granted by the 5th Labour Court to the Applicant as the Applicant had suffered an accident on 24th July 2020 at Mumbai Pune Road near Kalamboli within the jurisdiction of Khandeshwar Police Station during the Tiwari 905-IA-7195-2026.DOC course of and arising out of his employment with his employer M/s. Nilesh Tours and Travels i.e. Respondent No. 2. 3. The 5th Labour Court on the basis of the pleadings filed and specifically in view of the averments made by the employer M/s. Nilesh Tours and Travels held that an employer-employee relationship existed between the Applicant and Respondent No. 2 and that the Applicant was in employment of Respondent No. 2 at a monthly salary of Rs. 15,000/- and above the offending vehicle No. MH-02- EH-5350. The aforesaid vehicle was insured with the Appellant-Insurance Company. The Appellant-Insurance Company has deposited an amount of Rs. 42,40,248 in the 5th Labour Court towards the compensation as per the impugned award. 4. Learned Counsel on behalf of the Applicant submitted that the Applicant is a poor person and requires this money to run his day-to-day expenses and to carry out his livelihood. 5. He further submitted that the amount represents compensation awarded to an employee under the Employees Compensation Act, 1923 and that the Applicant ought not be deprived of the benefit of the award merely because the insurer has preferred an appeal. It is submitted that the employer as well as the insurer have been held liable under the impugned award. 6. Learned counsel appearing on behalf of the Appellant- Insurance Company has opposed the relief as sought in the present Interim Application and has submitted that an amount of Rs. 42,40,248/- has been deposited before the Trial Court pursuant to the order dated 5th October 2025, passed by Learned Tiwari 905-IA-7195-2026.DOC Commissioner for Employees Compensation. She has further submitted that the Appellant- Insurance Company has seriously disputed its liability in the First Appeal and therefore the Applicant ought not to be permitted to withdraw the amount pending adjudication of the Appeal. 7. Considering the averments in the Application, this Court deems it fit to allow the Application. At this stage it is not necessary to finally adjudicate upon the grounds raised in the First Appeal. The rights and contentions of the parties on the merits of the Appeal are expressly kept open. Merely because the Appellant- Insurance Company has filed the Appeal, cannot result in the Applicant being deprived of the benefit of the amount. At the same time the interest of the Appellant-Insurance Company also requires to be protected in the event the ultimately succeeds. The withdrawal of the amount is therefore subject to the outcome of the Appeal. In the circumstances and without expressing any opinion on the merits of the First Appeal, the following order is passed:- ORDER I. The Applicant may withdraw 60% of the amount as deposited in the 5th Labour Court along with the accrued interest thereon within a period of three weeks from today. II. The aforesaid withdrawal is subject to the outcome of the First Appeal, and the Applicant shall abide by any directions regarding return of money as passed by this Court at the time of disposal of First Appeal in the event the Appellant- Insurance Company succeeds. III. In view of the aforesaid, this Interim Application stands disposed of. Tiwari 905-IA-7195-2026.DOC IV. The 5th Labour Court to act on the authenticated copy of this order. (AARTI SATHE, J.) Tiwari