1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12965 OF 2010 IN FIRST APPEAL NO. 1341 OF 2010 Ashabai Sunil Patil and others .. Applicants Versus New India Assurance Co. Ltd. and another .. Respondents Shri Madhav M. Bhokarikar, Advocate for Applicants. Shri V. R. Mundada, Advocate for the Respondent No. 1. Shri Chandrakant Patil, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 08TH OCTOBER, 2010. PER COURT : . This is an application for withdrawal of amount. The Insurance Company has filed an appeal against the award passed by the Tribunal in favour of present applicants. 2. The defence of the Insurance Company is of contributory negligence, as such the dispute is only about quantum of 2 compensation to be paid. In such circumstances, there is no impediment to allow the applicants to withdraw the 50% of the amount. In the result the applicants are allowed to withdraw 50% of the amount deposited by the Insurance Company on furnishing undertaking that if the appeal is allowed and this Court directs the applicants to pay the amount, the applicants shall deposit said amount with interest within a period of one month from the date of order that may be passed. The civil application is accordingly disposed of. [S. V. GANGAPURWALA, J.] bsb/Oct. 10