1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11750 OF 2004 IN FIRST APPEAL NO.787 OF 2004 Yashodabai w/o Ramesh Rathod, R/o-Daregaon, Post- Kandli (Rly.Stn.), Tq-Hadgaon, District-Nanded and others. ...APPLICANTS. VERSUS The New India Assurance Company Limited, New Assurance Building, having its Head and Registered office at 87, M.G. Road, Fort, Mumbai -1 and Divisional Office at Nanded and Aurangabad and another. ...RESPONDENTS. ... Mr.Anand Bhandari Advoate h/f. Mr.S.V. Gangapurwala Advocate for Applicants. Mr.R.B. Bhosale Advocate h/f. Mr. S.L. Kulkarni Advocate for Respondent No.1. ... CORAM: K.K. TATED, J. DATE : 3RD JULY, 2009. 2 PER COURT : 1. Heard learned counsel for the Applicants and learned counsel for Respondent No.1. On 19th June, 2009, learned counsel appearing on behalf of Respondent No.1 sought one week's time to file his affidavit in reply to oppose the present Civil Application but the Respondent No.1 failed to file his affidavit in reply. 2. In the present case, Second Additional District Judge and Ex-Officio Member of Motor Accident Claims Tribunal, Nanded passed Judgment and award dated 29th March, 2003 and awarded a sum of Rs.5,00,000/- including no fault liability, as compensation to the Applicants with interest at the rate of 9% per annum till realization of entire amount. Learned counsel appearing on behalf of the Applicants states that Respondent No.1 - Insurance Company already deposited a sum of Rs. 6,27,521/- in this Court. There is no stay against the impugned Judgment and award dated 29th March, 2003. 3. Considering the averments made in the present Civil Application, Applicants are allowed to withdraw a sum of 3 Rs.1,00,000/- without furnishing any security except the personal bond stating that as and when this Court calls upon them to repay the amount, they will repay the same. The remaining amount to be invested in any Nationalized Bank initially for a period of three years and renew the same from time to time. Applicants are entitled to withdraw quarterly interest accrued on the said fixed deposit by furnishing personal bond to the satisfaction of the Registrar of this Court. 4. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/ca11750.04