1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.9283 OF 2011 IN IN FIRST APPEAL NO.1517 OF 2009 Narayan s/o Namdeo Ingle ..Applicant Versus The Oriental Insurance Company Ltd., through its Senior Divisional Manager, Aurangabad and ors. ..Respondents Mr D.G.Nagode, Advocate for applicant Mr K.T.Shirurkar, Advocate for respondent No.1 Mr Sudhir Kulkarni, Advocate for respondent no.5 CORAM : MRS MRIDULA BHATKAR, J. DATE : 28th September, 2011 PER COURT . 1. Application is made for withdrawal of the amount by modifying the order passed by this Court on 10.12.2010 by which applicant was allowed to withdraw amount of Rs.1 lac without surety which he has already withdrawn and remaining Rs.75,000/- with interest was allowed to be withdrawn by furnishing solvent surety. 2. Learned Counsel for the applicant submits that the applicant is a poor person and now he is suffering from Tuberculosis and Pulmonary disease. The amount deposited by the appellant – Insurance Company is 50% of the award and the Insurance Company has taken a defence of contributory negligence. 2 3. Considering this, applicant is allowed to withdraw amount of Rs. 75,000/- with interest accrued thereon, on furnishing undertaking. Civil Application disposed of. ( MRS MRIDULA BHATKAR, J. ) (vvr/9283.11ca)