1 ca 17745.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 17745 OF 2010 IN FIRST APPEAL NO. 535 OF 2009 Bansi Bhau Kalamkar and another .. Applicant Versus Dattu Abaji Khodade and others .. Respondents Smt. Charuta S. Deshmukh, Advocate for Applicants. Shri A. B. Gatne, Advocate for the Respondent No. 1. Shri M. G. Deokate, Advocates for the Respondent No. 2. WITH CIVIL APPLICATION NO. 15784 OF 2010 IN FIRST APPEAL NO. 535 OF 2009 Bhimabai Santosh Kalmkar and others .. Applicants Versus Dattu Abaji Khodade and others .. Respondents Shri M. G. Deokate, Advocates for the Applicant. Shri M. S. Jagtap, Advocate for the Respondent No. 1. Smt. C. S. Deshmukh, Advocate for Respondent Nos. 2 and 3. 2 ca 17745.10 CORAM : S. V. GANGAPURWALA, J. DATE : 01ST APRIL, 2011. PER COURT : . These are the applications for withdrawal of the amount deposited by the appellant. The appellant is the owner of the vehicle. The defence of the owner of the vehicle is that the vehicle was insured and necessary premium was paid, so the Insurance Company is liable to pay the amount. Be that as it may, the right of the claimants to get the amount is not disputed. If, the appeal of the owner is allowed, then for the claim amount the Insurance company would be liable and the owner can claim the said amount from the Insurance company. In that light of the matter, there is no impediment to allow the applicants to withdraw the said amount. The applicants are allowed to withdraw the amount deposited by the owner in this Court in proportion to the amount awarded by the Tribunal on furnishing an undertaking to this Court that in the event the appeal is allowed the applicants would deposit the said amount within a period of one month. The civil applications are disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11