1 C.A. No. 5214.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5214 OF 2011 ( Suman Madhav Biradar & ors V. Sampat Venkat Reddy & ors ) in FIRST APPEAL NO. 1735 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 21st APRIL, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount. 3. This Court vide its order dated 2nd June 2008, at the time of admission of appeal, had allowed the present applicants to withdraw Rs. 75,000/- (Rs. Seventy five thousand). Now this application is moved for withdrawal of the entire amount. 4. Shri Kale, learned counsel for the non- 2 C.A. No. 5214.11 applicant Nos. 4 & 5 submits that even parents have been granted 50% of the amount of the compensation. The application of the parents is not before the Court. 5. The question of withdrawal, as far as parents are concerned would be considered, when such application is filed. It appears that applicant Nos. 2 to 4 are minors. 6. Shri Mayure, learned counsel for the Insurance Company states that it is a case of contributory negligence, and multiplier has also been wrongly considered. All these arguments can be considered at the time of final hearing of the appeal. 7. Taking into account the fact that the case only revolves around the quantum of compensation. I do not think there is any impediment for applicant No. 1 to withdraw the amount. 8. In the result, I pass following order. ORDER 3 C.A. No. 5214.11 A. The applicant No. 1 is allowed to withdraw Rs. 1,00,000/- (Rs. One lakh) on furnishing undertaking that in the event the appeal is allowed and applicant is required to deposit the amount, she will deposit the same within one month before the Tribunal from the date of such directions. The said amount of Rs. One lakh includes amount Rs. 75,000/- (Rs. Seventy five thousand) allowed to withdrawn as per order dated 2nd June, 2008. B. The applicant is also allowed to withdraw further amount of Rs. 1,00,000/- (Rs. One lakh), on furnishing solvent security of the like amount. Remaining amount be kept in fixed deposit in any Nationalized Bank. 9. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*