1 C.A. No. 5063.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 5063 OF 2011 ( Pratibha Prakash Joshi & ors V. New India Assurance Co. Ltd. ) in FIRST APPEAL(ST) NO. 36322 OF 2010 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. There is a delay in filing the appeal by the Insurance Company. The delay is yet not condoned and the matter is unready. 3. Shri Pande, learned counsel for the applicant submits that there is marriage of 2 C.A. No. 5063.11 his sister and applicant is in need of amount and Insurance Company has not taken any steps to serve respondent No. 5. 4. Shri Deshpande, learned counsel for the Insurance Company states that in fact, the deceased himself was negligent and for that. the Insurance Company cannot be made liable. Moreover, the multiplier has been applied, considering the age of the deceased and not of the parents. 5. The appeal is yet to be admitted, all these arguments would be considered at the time of admission of the appeal. Today, the applicant has shown the need of the amount. As such,by way of an interim order, the applicant is allowed to withdraw an amount of Rs. One lakh, on furnishing solvent security of the like amount. As far as the aspect of the remaining amount is concerned, the same would be considered at the time of admission of the appeal. 3 C.A. No. 5063.11 6. Civil Application stands disposed of accordingly. ( S.V. GANGAPURWALA, J. ) SDM*