* 1 * C.A. 4546.2010 in F.A.[ST] . 7714.2009 25.4.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4546 OF 2010 IN FIRST APPEAL [ST] NO. 7714 OF 2009 Sunita Suryabhan More & Ors. .....Applicants V/S. New India Assurance Co.Ltd .....Respondent Mr. A.M. Gokhale h/f. Mr. M.B. Kotak, Advocate for the applicant. Mr. Ramesh K. Cheulkar, Advocate for the respondent. CORAM :- Smt. R.P. SondurBaldota, J. 25 April, 2011. P.C. :- 1. The original claimant who is respondent no.1 to the above First Appeal has filed this application for withdrawal of the amount deposited by the appellant in the Court. Mr. Gokhale, the learned counsel for the applicants, submits that, since the death of the applicant s husband on 18 ’ th April, 2003 in a vehicular accident, she has so far received only a sum of Rs.50,000/- awarded by way of no- fault liability under Section 140 of the Motor Vehicles Act. Her claim petition filed in the year 2003 was decided on 7th October, 2008 to * 2 * C.A. 4546.2010 in F.A.[ST] . 7714.2009 25.4.2011 award compensation in the sum of RS.5,95,500/- to her. He submits that the applicants today are in dire state of affairs and likely to be dishoused within a short time. 2. Mr. Cheulkar, the learned counsel for the appellant-Insurance Company opposes the application submitting that the appeal by the Insurance Company is not even admitted and therefore an application for withdrawal should not be considered atleast until the admission of the appeal. Perusal of the record, shows that, the appeal has been pending for admission not on account of any action on the part of the applicants/original claimants, but, because of the delay on the part of the Insurance Company itself. The appeal was presented in the month of March, 2009 after the delay of about 71 days. The appeal is accompanied by an application for condonation of delay. This application remains unserved upon respondent no.6 till date. The Insurance Company has been enjoying ad-inteirm order of stay of execution of the impugned Award since the year 2009. Because of this order, the applicants are unable to proceed for execution of the impugned judgment and Award. In these circumstances, in my opinion, the application can be allowed and * 3 * C.A. 4546.2010 in F.A.[ST] . 7714.2009 25.4.2011 the applicants can be granted liberty to withdraw atleast part of the amount i.e. Rs.5,00,000/- out of the amount of Rs.7,74,218/- deposited in the Court, without security. The Civil Application is therefore disposed off with liberty to the applicants-original claimants to withdraw a sum of Rs.5,00,000/- (Rs. Five Lakh only). The apportionment of the amount of Rs.5,00,000/- will be in the same proportion as the impugned Award. [SMT. R.P. SONDURBALDOTA, J] * 4 * C.A. 4546.2010 in F.A.[ST] . 7714.2009 25.4.2011