1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR FIRST APPEAL NO. 370 OF 2011 WITH C. A. F. NO. 1104 & C. A. F. NO. 1105 OF 2011 The Oriental Insurance Company Ltd. Yavatmal thr Regional Office Nagpur. Vs. Mandatai wd/o Dinkarrao Wadatkar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri A. R. Godbole Adv for appellant. Shri Y. S. Gorle Adv for respondent. CORAM: A. B. CHAUDHARI J. Dated: 26 th APRIL, 2011. Heard. Admit. Stay granted by the Court is confirmed. C. A. F. No. 1105 of 2011: Heard. Civil Application is allowed in terms of its prayer clause. C. A. F. No. 1104 of 2011: Heard learned counsel for the respondent/claimant. Counsel for the respondent-claimant does not have any record to advance the 2 arguments in this Court on this application, except for the application for permission to withdraw the amount. However, he submits that henceforth he will not commit such mistake and would be fully ready with any matter for arguing in this Court, else he will not appear in this Court. In view of the undertaking given by Advocate Shri Gorle to be fully prepared henceforth and in view of the fact that there is urgency in deciding the application I have proceeded to decide this application. There is a marriage invitation card filed along with application in respect of the marriage of respondent no.4 to be performed on 15.05.2011. The deceased was a Sectional Engineer in P. W. D. There is further a detailed estimate for residential bungalow proposed to be constructed. However, at present the urgency is only about providing money for the marriage of the daughter. Shri Godbole, learned counsel for the appellant has vehemently opposed this application on the ground that the liability of the appellant- Insurance Company ought not to have at all arisen in view of the nature of the accident. Without going into the said question at present, this Court allows the application in part looking to the said urgency of the marriage of the daughter of the deceased. Hence, I pass the following order: ORDER Civil Application is disposed of by allowing the claimants- respondents to withdraw 50% of the amount deposited by the Insurance 3 Company on their furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested as per standing orders. Civil Application stands disposed of. JUDGE svk 4 5 6