(1) Civil Application No. 7547 of 2009 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. District : Beed Civil Application No. 7547 of 2009 (In First Appeal No. 328 of 2009) (Smt. Ratnamala w/o. Baburao Pawar & others Vs. Maharashtra State Road Transport Corporation, through the Divisional Controller, Beed ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. Sachin Deshmukh, Advocate, for the applicant. Mr. M.K. Goyanka, Advocate, for the non-applicant. .............................................................................. CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 18TH SEPTEMBER 2009 1. This is an application for withdrawal of the amount. 2. The application is vehemently opposed by the learned Counsel appearing for the non-applicant, Corporation, on that there was head to (2) Civil Application No. 7547 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders head collusion and, therefore, the Tribunal has failed to take into consideration that there was contributory negligence. He further submits that the multiplier of 15, instead of 8, is not permissible in view of various judgments of the Apex Court. 3. The Tribunal while passing judgment and award, has directed that an amount of Rs. 3,82,347/-, each to the share of respondent nos.2 and 3, be deposited in fixed deposit receipt. We, therefore, find that the interest of the appellant (non-applicant herein) is safeguarded. 4. Hence, the Civil Application is partly allowed. Except the amount of Rs. 3,82,347/-, each, to be deposited in a fixed deposit, in the name of respondent (3) Civil Application No. 7547 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders nos.2 and 3, as directed by the learned Tribunal, rest of the amount is permitted to be withdrawn by the applicants, however, subject to all the applicants filing an undertaking before this court, that in the event it is found that the amount withdrawn by them is more than to which the applicants are entitled to, they shall refund the same. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE bgp/ca7547