1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4470 OF 2009 IN FIRST APPEAL NO.1535 OF 2007 1) Shantabai Bhujang, Natkar, 2) Nisha Bhujang Natkar Both R/o- Ward No.2, Sanjay Nagar, Soot Girni Road, Shrirampur, Tq-Shrirampur, Dist-Ahmednagar. ...APPLICANTS. VERSUS Mohanlal Amrutlal Kukreja, R/o-Near State Bank of India, Jijamata Chowk, Shrirampur, Dist-Ahmednagar. ...RESPONDENT. ... Mr. P.V. Barde Advocate for Applicants. Mr. S.T. Shelke Advocate for Respondent. ... CORAM: K.K. TATED, J. DATE : 6TH JULY, 2009. PER COURT : 1. Heard learned counsel for the Applicants and learned 2 counsel for the Respondent. 2. Present Civil Application is preferred by original Respondents for allowing them to withdraw a sum of Rs. 1,00,000/- without furnishing any security. It is the case of the Applicant that she is not in a position to provide any security to the satisfaction of the Commissioner for withdrawing a sum of Rs.1,00,000/- as per order dated 23rd June, 2008 passed in Civil Application No.9881 of 2007. 3. Learned counsel appearing on behalf of the Respondent vehemently opposed the present Civil Application. He submitted that Respondent is not liable to pay any compensation to the Applicants as per Workmen's Compensation Act. Not only that, on the date of death, deceased was not in their employment. Even though the Commissioner for Workmen's Compensation, as per order dated 12th September, 2007, held the Respondent responsible to pay the compensation of Rs. 1,10,800/- with interest at the rate of 12% per annum along with a sum of Rs.50,000/- towards fine. 3 4. Considering the averments in the present Civil Application, the Applicants are allowed to withdraw a sum of Rs.25,000/- without furnishing any security. Both the Applicants are directed to furnish personal undertaking before the Commissioner. The remaining amount to be invested in any Nationalized Bank initially for a period of three years. 5. Civil Application is disposed of accordingly. [K.K. TATED, J.] asb/JULY09/ca4470.09