ash 1 caf-3801.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3801 OF 2011 IN FIRST APPEAL NO.10004 OF 2011 Smt. Mangal Balasaheb Parhad & Others. .. Applicants Vs Rajaram Bhagwan Gore & Others. .. Respondents -- Shri R.M. Haridas for the Applicants. -- CORAM ; A.S. OKA, J DATED : 15TH SEPTEMBER, 2011 P.C. . Heard learned counsel appearing for the Applicants. The Applicants are the Claimants in a Claim Petition filed under Section 166 of the Motor Vehicles Act, 1988. By the impugned judgment and award, the Claim Petition was partly allowed. However, the Tribunal passed the award only against the owner of the offending vehicle. The Insurer was held as not liable. Learned counsel appearing for the Applicants states that the Applicants have not recovered any compensation amount on the basis of the impugned Award. Learned counsel appearing for the Applicants relies upon Sub-rule (3) of Rule 257 of the Maharashtra Motor Vehicles Rules which is added on the Rule Book by the Amendment made in the year 1996. He relies upon a ash 2 caf-3801.11 decision of this Court in the case of Parwatibai w/o Vijaydas Vaishnay and Others v State of Maharashtra and Others, (1998(4) ALLMR 676). An Appeal being a continuation of the original proceedings of the claim petition, benefit of Sub-rule(3) of Rule 257 of the said Rules is available even in an Appeal arising out of the claim made under Section 166 of the said Act provided a case for exercise of the power is made out on facts. Perused the averments made in Paragraphs 2 and 4 of the Application. In view of the averments made in the Application, prayer clause (a) deserves to be granted. However, direction will have to be issued that the Applicants shall not be entitled to withdraw the amount of compensation as and when deposited unless deficit Court fees in the Appeal and the Original Claim Petition are paid. 2. Hence, the Application is allowed in terms of prayer clause (a) subject to condition that the Applicants shall not be entitled to withdraw compensation amount or any part thereof unless the Applicants pay Court fees payable in this Appeal as well as in the Claim Petition. It will be open for the Applicants to apply to the Tribunal for appropriating a part of the compensation amount towards the payment of Court fees. ( A.S. OKA, J )