1 C. A. No. 10730/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10730 OF 2010 IN FIRST APPEAL NO. 2410 OF 2010 Syed Rukhsanbi W/o Syed Rifat and others .. Applicants Versus 1. United India Insurance Co. Ltd. and others .. Respondents Shri A. R. Gaikwad. Advocate h/f Shri S. S. Thombre, Advocate for Applicant Nos. 1 to 5. Shri S. V. Kulkarni, Advocate for the Respondent No. 1. Shri S. B. Solunke, Advocate h/f Shri R. D. Khadap, Advocate for Respondent Nos. 2 and 3. CORAM : K. K. TATED, J. DATE : 08TH DECEMBER, 2010. PER COURT : . Heard learned counsel for parties. The present civil application is preferred by original claimants for withdrawal of the amount deposited by the respondent No. 1/Insurance Company in this Court. Learned counsel appearing on behalf of 2 C. A. No. 10730/2010 applicants state that applicant Nos. 2 and 3 are minors and applicant No. 1 is household lady. The amount is required to maintain themselves during this period. 2. In the present case, the respondent No. 1/Insurance Company deposited sum of Rs. 6,07,583/- in this Court. Learned counsel appearing on behalf of respondent No. 1/Insurance Company state that the deceased was travelling in the jeep on the day of accident as fare payee passanger. The jeep was registered as private vehicle, therefore, Insurance Company is not liable to pay any compensation to applicants. 3. I have gone through the judgment and award dated 16th March, 2009, passed by the Tribunal in which the Tribunal held that the Insurance Company is also responsible for the payment. 4. Considering the facts and circumstances of the case the following order is passed : I. The applicant No. 1 Syed Rukhsanbi W/o Syed Rifat is entitled to withdraw a sum of Rs. 50,000/- without furnishing any security. 3 C. A. No. 10730/2010 II. The applicant No. 4 Syed Sayrabi W/o Sayed Hamid is entitled to withdraw a sum of Rs. 25,000/- without furnishing any security. III. The applicant No. 5 Sayed Hamid S/o Syed Gafoor is entitled to withdraw a sum of Rs. 25,000/- without furnishing any security. IV. Remaining amount shall be invested in any nationalized bank in fixed deposit scheme initially for a period of three years and to be renewed till the final disposal of first appeal. V. The civil application disposed of accordingly. [K. K. TATED, J.] bsb/Dec. 10