1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11775 OF 2009 IN FIRST APPEAL NO. 4062 OF 2008 The Union of India ...Applicant Versus Bharat Raghuji Kedare and Anr ...Respondents WITH C.A. NO. 11776 OF 21009 IN F.A. NO. 4061 OF 2008 C.A. NO. 11777 OF 21009 IN F.A. NO. 4060 OF 2008 C.A. NO. 11778 OF 21009 IN F.A. NO. 4059 OF 2008 C.A. NO. 11781 OF 21009 IN F.A. NO. 4058 OF 2008 C.A. NO. 11806 OF 21009 IN F.A. NO. 4063 OF 2008 ..... Mr. M.N. Navandar, advocate for the applicant Mr. A.M. Nagarkar, advocate for respondent-claimants. Mr. H.I. Pathan, advocate for respondent No.2 ..... CORAM: R.G. KETKAR, J. DATED: 12TH NOVEMBER, 2009 PER COURT:- 1 These applications are filed by the applicants/appellants seeking permission to withdraw an amount of Rs.25,000/- deposited by the applicants, as statutory deposit, as per Section 173 of the Motor Vehicles Act, 1988. The short submission is that by order dated 24.4.2009, this court (K.U. Chandiwal, J.) allowed the appeals, qua the 2 appellants and held that Railway driver or for that purpose, the appellant, Union of India, cannot be held responsible. Learned counsel for the applicant submits that as per the proviso to Section 173(1), deposit of Rs.25,000/- was made and the said deposit was obviously subject to the outcome of the first appeal. Since the first appeals are allowed in favour of the appellant, the applicant/appellant is entitled to withdraw the said amount. 2 On the other hand, Shri Nagarkar, learned counsel for respondent No.2, submits that while disposing of the appeals, the court did not permit applicant herein to withdraw the amount so deposited and consequently the applicant is not entitled to withdraw the said amount. I find no substance in the contention raised by Mr. Nagarkar. The amount of deposit made under Section 173(1) is subject to the outcome of the appeal. Sub-section 1 of Section 173 provides that any person aggrieved by an award of a Claims Tribunal may, prefer an appeal to the High Court subject to the condition that the appeal so preferred shall not be entertained by the High Court unless the person deposits with it an amount of Rs.25,000/- or 50% of the amount so awarded whichever less, in the manner directed by the High Court. The condition prescribed under proviso 2 of Section 173 (1) is for entertaining the appeal by the High Court by any person who considered himself aggrieved by the award of claims Tribunal. That aspect has has to be taken into account while disposing of the appeal. 3 In the instant case, the applicant/appellant has succeeded in the appeal and this court while disposing of the appeals has clearly recorded the finding that the driver of the Railway or the appellant Union of India cannot be held responsible for accident that was caused. In the circumstances, in my opinion, the applicant has made out a case for withdrawal of the amount, so deposited. 3 In the result, all civil applications are allowed in terms of prayer clause “B” with no order as to costs. 4 At the request of Shri Navandar, learned counsel for the applicants, office is directed to issue cheque in the name of Deputy Chief Commercial Manager (Claims) and Presenting Officer of South Central, Railway. (R.G.KETKAR, J.) rlj/