906-7198-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7198 OF 2026 IN FIRST APPEAL ST. NO. 378 OF 2026 Smt. Manisha Baban Wakade and ors. ...Applicant(s) IN THE MATTER OF Magma HDI General Insurance Co. Ltd. And another … Appellant(s) Versus Smt. Manisha Baban Wakade and ors. ...Respondent(s) _______ Mr. Vasant More, Advocate for the Applicant. Ms. Kalpana Trivedi, 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, 10th Labour Court, Mumbai may be released and handover to the applicant alongwith accrued interest thereon.” 2. The Applicants are the widow and minor children of the deceased employee Mr. Baban Wakade who was working as a driver of Respondent No.2. It is an admitted position that he died due to heart attack on 29th June 2022 during the course of his employment. The Applicant was driving Vehicle No. MH-14-JL- 3561 which was owned by Respondent No.2. 3. The learned Commissioner for Employees Compensation has, by order dated 17th July 2025, awarded compensation of Rs. 11,98,500/- along with 12% Tiwari 906-7198-2026.DOC interest from the date of accident till its realization. The Vehicle No. MH-14-JL- 3561 which was being driven by the deceased Mr. Baban Wakade was insured with the Appellant-Insurance Company. 4. Learned counsel appearing on behalf of the Applicants submits that the widow and the minor children come from a relatively weak economic background and they have no other sufficient source of income and hence, the amount which has been sought to be withdrawn would help them to survive and ensure that their day to day needs are met. 5. He has for 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. 16,54,784/- has been deposited before the Trial Court pursuant to the order dated 17th July 2025, passed by Learned 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 Tiwari 906-7198-2026.DOC 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 Applicants are permitted to withdraw 50% of the amount deposited in the Trial Court along with interest accrued 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. IV) The Trial Court to act on the authenticated copy of this order. (AARTI SATHE, J.) Tiwari