1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.1072 Of 2010 In First Appeal No.3417 Of 2008 Mangala Laxman Rote & Others ... Applicants. Versus New India Assurance Co. Ltd. And Another. ... Respondents. -------- Shri. Girish Wani, Advocate for applicants. Shri. V.R. Mundada, Advocates for respondent No.1. -------- CORAM: R.M. BORDE, J. DATE: 22nd JANUARY 2010 PER COURT : 1) This is an application by the applicants / original claimants seeking withdrawal of the amount deposited by the appellant – Insurance Company in this Court. 2 2) Heard respective counsel for the parties. 3) The Motor Accident Claims Tribunal Jalgaon while dealing with the Motor Accident Claim Petition tendered by the claimants awarded compensation of Rs.5,90,000/- along with interest at 7.5% from the date of presentation of the claim petition till the date of deposit of the amount before the Tribunal. The Insurance Company has presented the instant appeal challenging the judgment and award passed by the Motor Accident Claims Tribunal. 4) While admitting the appeal this Court directed the appellant – Insurance Company to deposit the amount covered by the award of the Tribunal and accordingly the appellant has deposited the amount in this Court. 3 5) Considering the relevant facts and circumstances of the case I am of the view that, the applicants can be permitted to withdraw Rs.2,50,000/- (Rupees two lakhs fifty thousand only) on furnishing solvent security for the like amount. The balance amount shall be deposited in the fixed deposit initially for a period of three years and the Fixed Deposit Receipt shall be renewed thereafter every year until disposal of the appeal. 6) The civil application stands disposed of accordingly. (R.M. BORDE, J.) rsl/ ca.1072.10