{1} ca701611.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7016 OF 2011 IN FIRST APPEAL ST. NO. 13360 OF 2011 Babanrao s/o Murlidhar Tejinkar and others Applicants Versus The Divisional Manager, National Insurance Company Ltd., Aurangabad & others Respondents Mr.P.B.Kakade, advocate for applicants. Mr.S.V.Kulkarni, advocate for respondent no.1. CORAM : R.M.BORDE, J. DATE : 22 nd h June, 2011 PER COURT: This is an application seeking withdrawal of amount deposited by appellant – Insurance Company before Motor Accident Claims Tribunal, Aurangabad. Appellant – Insurance Company has deposited an amount of Rs.8,03,626/- before the Tribunal. It is stated that the claimants are permitted to withdraw sum of Rs.50,000/-, which was deposited by the Insurance Company towards no fault liability. It is the contention of Insurance Company – appellant herein that deceased was unmarried and as such, as per the decision of the Apex Court in the case of Sarla Varma Vs. Delhi Transport Corporation, reported in (2009) INSC 756, the Tribunal ought to have permitted 50% deduction in the amount arrived at towards compensation. The claimants are held entitled to an amount of Rs. {2} ca701611.odt 7,93,000/-. Considering the withdrawal of amount of Rs.50,000/- by the claimants, I deem it appropriate to permit the applicants – original claimants to withdraw an amount of Rs.3,50,000/- (Rs.Three lacs Fifty thousand) on furnishing solvent security to the satisfaction of the Tribunal. The balance amount shall be deposited in Fixed Deposit, in any Nationalised Bank, initially for a period of three years and the Fixed Deposit Receipt shall be renewed thereafter until disposal of appeal. Civil Application stands disposed of. R.M.BORDE adb/ca701611 JUDGE