27 FA No.425.2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 425 OF 2026 BRNACH MANAGER CHOLAMANDLAM MS GENERAL INSURANCE CO LTD VERSUS SUPRIYA SUJITKUMAR KUMTHEKAR AND OTHERS *** Advocate for Appellant : Mr. Abhijit Choudhari Advocate for Respondents No. 1 to 3 : Mr. Ravibhushan P. Adgaonkar Advocate for Respondents No. 4 and 5 : Mr. Ram S. Shinde *** WITH CIVIL APPLICATION NO. 11843 OF 2026 IN FA/425/2026 SUPRIYA SUJITKUMAR KUMTHEKAR AND OTHERS VERSUS THE BRANCH MANAGER *** Advocate for Applicants : Mr. Ravibhushan P. Adgaonkar Advocate for Respondent No. 1 : Mr. Abhijit Choudhari Advocate for Respondents No. 4 and 5 : Mr. Ram S. Shinde WITH CIVIL APPLICATION NO. 1868 OF 2026 IN FA/425/2026 BRANCH MANAGER CHOLAMANDALAM MS GENERAL INSURANCEC CO LTD VERSUS SUPRIYA SUJITKUMAR KUMTHEKAR AND ORS. *** Advocate for Applicant : Mr. Abhijit Choudhari Advocate for Respondents No. 1 to 3 : Mr. Ravibhushan P. Adgaonkar Advocate for Respondents No. 4 and 5 : Mr. Ram S. Shinde *** 2026:BHC-AUG:48345 27 FA No.425.2026 -2- CORAM : SACHIN S. DESHMUKH, J. Date : 12th October, 2026 PER COURT :- Civil Application No. 11843 of 2026 1. The Appellant – Insurance Company has presented the appeal, while raising an objection to the compensation awarded by the tribunal, allowing the claim petition of the applicants. 2. The applicants have presented this application seeking withdrawal of the amount of compensation awarded by the tribunal, which is deposited by the Insurance Company. 3. Considering the facts and circumstances that the entitlement of the applicant 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 applicant to withdraw the amount. 4. Thus, the application is partly allowed. 5. The applicant No. 1 is permitted to withdraw Rs. 10,00,000/- (Rs. Ten Lakhs Only) out of the deposited amount in 27 FA No.425.2026 -3- this court, alongwith interest accrued thereon. 6. The applicant shall furnish an undertaking that disbursement would remain subject to final outcome of this appeal. 7. The balance amount shall be kept in Fixed Deposit of any Nationalized Bank initially for the period of three (03) years, the same shall be renewed periodically until further orders of this Court. Civil Application No. 1868 of 2026 1. Mr. Choudhari, the learned counsel for Appellant – Insurance Company submits that as per order dated 10.04.2026 of this court, the Appellant has deposited entire awarded amount. As such, submits that ad-interim stay granted may be made absolute. 2. As such, Order dated 10.04.2026 granting ad interim stay is made absolute in terms of Prayer Clause (B). Accordingly, the Civil Application is allowed (SACHIN S. DESHMUKH, J.) Omkar Joshi