1 ndm 9--caf.1517.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2517 OF 2010 IN FIRST APPEAL (stamp) NO. 17031 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. D.R.Mahadik i/b M/s. S.R.Singh and Company for the Applicant. Mr. S.G.Thorat for Respondent No.1. CORAM : A.S.OKA, J. DATE : 10th December, 2010. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for 1st respondent. 2 Only ground of challenge in the Appeal is that the driver of the offending vehicle was not possessing a valid licence. The finding of the Tribunal is that no evidence could be adduced by the Applicant to establish the said defence. The compensation amount granted is only Rs.42,000/-. Considering the peculiar facts, the 1st respondent will have to be permitted to withdraw entire compensation amount subject to filing an undertaking in this Court to redeposit the amount with appropriate rate of interest in the event the Applicant succeeds in the appeal. 3 Hence, civil application disposed of by passing following order: i. The 1st respondent is permitted to withdraw the entire compensation amount subject to filing an 2 undertaking to redeposit the amount with appropriate rate of interest, in the event the Applicant succeeds in the appeal. ii. Apart from the aforesaid safeguards, in the event the Applicant succeeds in the appeal, the amount can be recovered by the Applicant from the insured by executing the said award. iii. No order as to costs. [ A.S.OKA, J ]