78 IA 1230 OF 2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION 78 INTERIM APPLICATION NO. 1230 OF 2026 IN FIRST APPEALST NO. 16147 OF 2025 WITH 78 INTERIM APPLICATION NO. 9293 OF 2026 IN FIRST APPEALST NO. 16147 OF 2025 WITH 78 INTERIM APPLICATION NO. 9294 OF 2026 IN FIRST APPEALST NO. 16147 OF 2025 SANGITA MANIKRAO GHABAK AND ORS. VERSUS THE NATIONAL INSURANCE COMPANY LIMITED ... Advocate for Applicants/Claimants : Mr. Umesh Hanmantrao Pawar Advocate for Respondent/Insurance Company : Mr. Atharva Bhingardeve i/by Adv. Poonam Mital ... CORAM : SHAILESH P. BRAHME, J. DATE : 27.08.2026 PER COURT : INTERIM APPLICATION NO. 1230 OF 2026 FOR WITHDRAWAL OF AMOUNT Heard both sides. 2. The applicants seek to withdraw an amount of Rs.1,00,03,073/- deposited by the respondent Insurance Company. It is submitted that for the reasons stated in the application, amount needs to be disbursed. The fourth claimant was mother of the deceased who passed away. 3. The learned counsel for the respondent Insurance Company submits 1/3 78 IA 1230 OF 2026.odt that the appeal has been preferred on the ground of quantum. The Tribunal has awarded exorbitant compensation which is unfounded. It is submitted that if the amount is disbursed, it would be difficult to recover in case the respondent succeeds in the appeal. It is further submitted that the application no. 2 has been given appointment on compassionate ground. There is no need to disburse the amount exceeding 30% at this stage. 4. I have gone through the impugned judgment and award. The appeal has been preferred on the point of quantum. Learned counsel for respondent is right in contending that entire amount cannot be disbursed. The present occupation of the applicant no. 2 is not relevant for disbursement of the amount. Ends of justice would be met in holding 30% of the deposited amount and disbursing the balance amount. 5. Civil Application is partly allowed. The applicants shall be entitled to receive 70% of the deposited amount of compensation with accrued interest on furnishing undertaking to the satisfaction of the Presiding Officer of the jurisdictional Tribunal. Balance amount shall be invested in any nationalized bank. 6. Interim Application is disposed of. INTERIM APPLICATION NO. 9293 OF 2026 FOR DELAY CONDONATION 7. The applicant seeks to condone delay of 151 days caused in filing appeal. 8. The averments in the application have not been controverted by the respondents. There are no mala fides on the part of applicant in causing the delay in filing the appeal. 9. For the reasons stated in the application, the delay stands condoned. Interim Application is disposed of. 2/3 78 IA 1230 OF 2026.odt FIRST APPEAL : 10. Admit. 11. Learned counsel Mr. Pawar waives service for the Claimants. 12. Call for record and proceedings. 13. Print is dispensed with. 14. Parties shall be at liberty to file compilation of documents and private paper book. INTERIM APPLICATION NO. 9294/2025 FOR STAY : 15. As the entire amount has been deposited by the Insurance Company, ad interim relief granted earlier shall stand confirmed. 16. Interim Application is disposed of. ( SHAILESH P. BRAHME, J.) mkd/- 3/3