1 CA 4926.2011 in FA 2661.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4926 OF 2011 IN FIRST APPEAL NO. 2661 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. DATE : 15/04/2011 PER COURT : 1. This is an application for withdrawal of amount. Mr.Mayure, the learned counsel holding for Mr. S.G. Chapalgaonkar, the learned counsel for respondent no. 1 – Insurance Company states that in fact it is the case of contributory negligence. Even the driver was not made party. The learned counsel states that the Tribunal has not considered this aspect. More over, considering the age of respondent nos. 1 and 2, the Tribunal has wrongly applied the multiplier of 15. The multiplier of 7 should be applied. 2. In that light of the matter, I pass the following order : 2 CA 4926.2011 in FA 2661.2010 The applicant nos. 1 and 2 are allowed to withdraw Rs. 1,00,000/- each on furnishing the undertaking to this Court that in the event the Appeal is allowed, the applicants shall deposit the said amount within one ( 1 ) month. The remaining amount shall bee kept in the Fixed Deposit of any Nationalized Bank. The Civil Application is disposed of. [ S.V. GANGAPURWALA,J. ] KNP/CA 4926.2011 in FA 2661.2010