1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7948 OF 2009 IN FIRST APPEAL NO. 1594 OF 2008 National Insurance Company Ltd. .. APPLICANT VERSUS Lahanuu s/o Manaji Patil & others .. RESPONDENTS Shri S.P. Chapalgaonkar, Advocate for the applicant. ===== CORAM : R. M. BORDE, J. DATE : 7 th August, 2009. PER COURT : 1 This is an application seeking withdrawal of amount of Rs.23,400/- deposited in this court. It is contended that the Motor Accident Claim Tribunal passed award and held the respondents / claimants entitled to receive compensation to the tune of Rs.3,15,000/- alongwith interest at the rate of 9% per annum from the date of registration of the petition i.e. 8-9-2001 till realisation of the amount. Insurance company i.e. the applicant herein presented an appeal raising exception to the order passed by the Motor Accident Claim Tribunal. First appeal came to be allowed partly and the award passed by the tribunal has been modified and the claimants are held entitled to receive amount of Rs.2,43,000/- alongwith interest at the rate of 2 9% per annum from 8-9-2001 till realisation of the amount. It is stated that the applicant / insurance company had deposited an amount of Rs.3,58,847/- on 19-5-2009. In view of the order passed in first appeal, claimant is held entitled to receive total amount alongwith interest to the tune of Rs.3,58,847/- which has been withdrawn by the claimant. Balance of amount remains deposited. Applicant claims that the applicant / insurance company is entitled to withdraw the amount being surplus having been deposited by the insurance company in this court. 2 Heard Shri Chapalgaonkar, learned counsel for the applicant. None appears for the respondents. Considering the contentions of the applicant as well as after considering the submissions made by learned counsel for the applicant, it appears that the applicant is entitled to withdraw an amount of Rs.23,400/- deposited in this court. Award passed in the matter which is modified in the appeal has been satisfied and the claimants have received the amount of compensation admissible to them. In this view of the matter, application is allowed. Applicant is permitted to withdraw an amount of Rs. 23,400/- deposited in this court. Civil application stands disposed of. ( R. M. BORDE, J.) dyb/office/ca7948.09.odt