1 68-IA-1633-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1633 OF 2026 IN FIRST APPEAL (STAMP) NO. 1652 OF 2026 Arjun Mahibu Sawant and others .. Applicants Versus The Divisional Manager, United India Insurance Co. Ltd. and others .. Respondent Shri Amol S. Deshinge, Advocate a/w Shri Santosh D. Bhosale, Advocate for the Applicants. Ms. Nisha Joshi, Advocate for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J. DATE : 15TH OCTOBER, 2026. FINAL ORDER : . Heard both sides. 2. The applicants seeks to withdraw an amount of Rs. 20,02,959/- deposited by the respondent No. 1 – Insurance Company for the reasons stated in the application. 3. It is contended by the learned counsel for the applicants that it is the choice of the claimants to prosecute the insurer and the offending vehicle when more than one vehicle is involved in the accident. The Tribunal has awarded just compensation. Nothing is disbursed to the claimants till today. 2 68-IA-1633-2026 4. Learned counsel appearing for the respondent No. 1 – Insurance Company would contest the application and the submissions. It is submitted that there is contributory negligence, excessive compensation is awarded and involvement of two vehicles. The claimants are said to be selective in filing the claim. 5. The deceased was earning member of the family. The claimants are dependents. The death in the accident is undisputed. The applicants are entitled to receive part of the compensation. 6. Interim application is allowed partly permitting the applicants to receive 70% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the jurisdictional Tribunal. Balance amount shall be invested in any nationalized bank. Interim application stands disposed of. [ SHAILESH P. BRAHME J. ] bsb/Oct. 26