1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.4098 OF 2009 In FIRST APPEAL NO.2176 OF 2008 Smt.Surekha Shirish Pore & Ors. : Applicants V/s. National Insurance Co. Ltd. & Anr. : Respondents ... Mr.Sachindra B. Shetye for the applicants. Mr.Sanjay Krishnan i/b. Smt.Harshada Rane for respondent no.1. .... CORAM : BILAL NAZKI & S.A. BOBDE, JJ. DATE : NOVEMBER 04, 2009. P.C.: Heard the learned counsel for the parties. 2. In the claim, an award has been passed and an amount of Rs.20 lakhs and odd, including interest, has been deposited by the Insurance Company. The Insurance Company challenged the award mainly on the ground that the deceased died because of his own negligence and, therefore, the Insurance Company would not be liable to pay any 2 compensation. This is a matter which will have to be considered at the final stage. However, we are convinced that part of the amount can be granted in favour of the applicants at this stage, subject to an undertaking that they will reimburse the amount with 7.5% interest, if they fail in this appeal. An amount of Rs.10,00,000/- (Rupees Ten Lakhs only) shall be reimbursed to the applicants herein. The undertaking shall be executed before the Motor Accident Claims Tribunal. Rest of the amount shall remain in a Fixed Deposit with a Nationalized Bank. 3. The Civil Application stands disposed of. (BILAL NAZKI, J.) (S.A. BOBDE, J.)