1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.13201 OF 2008 IN FIRST APPEAL NO.4306 OF 2008 New India Assurance Co. Ltd., Applicant V/s Vijay Rajabhau Hajare and another. Respondents ------------------------------------------------------------------------------------------------------- Mr. Dhananjay Deshpande, Advocate for Applicant. Mr. Sachin Deshmukh, Advocate for the Respondent No.2. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 24th September, 2009. PER COURT : 1. This is an application for stay to the execution and operation of the Judgment and award dated 21.08.2008 passed by the Motor Accident Claims Tribunal, Ambajogai in M.A.C. No.77/2006. The award is for total amount of Rs.26,960/- inclusive of no fault liability of Rs.25,000/- along with interest at the rate of 8% p.a. from the date of application till its realisation. 2. The learned Counsel appearing for the applicant states that, the entire amount has been deposited in this Court. In view of the aforesaid statement, there shall be interim relief in terms of prayer clause 2 `B’ which shall continue till the decision of the First Appeal. The Civil Application for stay thus stands disposed of. The learned Counsel appearing for the respondent no.2-claimant seeks permission to withdraw the amount of Rs.25,000/- deposited towards no fault liability by the appellant insurance company. Shri.Dhananjay Deshpande, the learned Counsel appearing for the applicant insurance company states that, the respondent no.2 claimant be put to certain terms for withdrawal the said amount. 3. In view of the above, the respondent no.2 permitted to withdraw the said amount deposited towards no fault liability subject to furnishing undertaking in this Court that, in the event, if the appeal is decided against him, he shall deposit the said amount within a period of 15 days. The balance amount which is lying, shall be deposited in the Fixed Deposit in Nationalised bank. (R.K. DESHPANDE) JUDGE GAS/ca13201.08