28 CA No.6349.2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6349 OF 2026 IN FA/937/2026 SANTOSH MADHAV TANWADE DEAD THROUGH LRS NISHIGANDHA DIED THR LRS PRAMOD SANTOSH TANWADE AND ANR VERSUS BALWANT VENKATRAO BIRAJDAR *** Advocate for Applicants : Ms. Ashwini A. Lomte Advocate for Respondent No. 2 : Mr. Atul B. Gatne (VC) *** CORAM : SACHIN S. DESHMUKH, J. Date : 28th August, 2026 PER COURT :- 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 applicants is endorsed by the tribunal after considering the rival contentions of the litigating sides and to strike 2026:BHC-AUG:38831 28 CA No.6349.2026 -2- the balance in the competing interest, it will be appropriate to permit the applicants to withdraw the amount. 5. Thus, the application is partly allowed. 6. The applicants are permitted to withdraw 50% of the deposited amount in this court, alongwith interest accrued thereon. 7. The applicants shall furnish an undertaking that disbursement would remain subject to final outcome of this appeal. 8. 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. (SACHIN S. DESHMUKH, J.) Omkar Joshi