1 C.A..No.14598 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO.14598 OF 2011 IN FIRST APPEAL NO.39 OF 2011 Mangalabai Ambadas Vyawhare & ors. ..APPLICANTS VERSUS United India Insurance Co. Ltd. ..RESPONDENT Mr D.S. Manorkar, Advocate for the applicants; Mr P.C. Mayure, Advocate holding for Mr S.G. Chapalgaonkar for respondent no.1 CORAM : A.V. POTDAR, J. DATE : 9th December, 2011 PER COURT : By this application, the applicants/original claimants have prayed to allow them to withdraw the amount deposited by the first respondent – insurance company in this Court. 2. Perused the contents of the application. In the appeal quantum of compensation is disputed by the respondent – insurance company, on the basis of record produced before the Claims Tribunal. Considering the disputed income of the deceased, even then it is a fact that on the basis of non-disputed income the claimants are entitled for more than 50% of the claim amount awarded by the Tribunal. In the light of this, even though the appellants have deposited Rs.6,50,923/- towards the judgment and award impugned, there shall not be any impediment if the applicants are allowed to partly withdraw the amount deposited by the 2 C.A..No.14598 of 2011 insurance company. 3. In the light of above, application is partly allowed as follows :- Applicants are allowed to withdraw an amount of Rs.4,00,000/- on furnishing surety to the satisfaction of the Registrar of this Court. Needless to say, that in addition to that, the applicants to furnish an undertaking to this Court that this withdrawal is subject to the final decision in the First Appeal. (A.V. POTDAR, J.) amj/ca14598.11