1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2340 OF 2010 IN FIRST APPEAL STAMP NO.18114 OF 2009 Smt.Neeta Prakash Ghawate & Ors. .. Applicants V/s The Oriental Insurance Co.Ltd. .. Respondent Mr.Sachin Punde for the applicants. Mr.J.S.Chandnani for the Respondent. CORAM: R.G.KETKAR, J. DATE: 2ND JULY, 2010. P.C.: 1. This is an application filed by the claimants /Respondent Nos.1 to 5 in the appeal for withdrawal of the amount deposited by the Insurance Company in the Tribunal. Pursuant to the order dated 25th September, 2009 passed in Claim Application No.1325/1998, the Insurance Company has deposited amount of Rs.7,01,228/- in the Tribunal. 1. Heard learned counsel for the parties. Mr.Chandnani, learned counsel for the Respondent-Insurance Company submits that the accident occurred on account of negligence on the part of deceased Prakash Ghavate and consequently, the Insurance Company is not liable to pay the compensation. At any rate he submitted that the deceased Prakash had last opportunity to avoid the accident and therefore, there is contributory negligence on his part. On the other hand Mr.Punde, learned counsel for the applicants supported the the impugned judgment and award and submitted that in view of the deposition of witness No.2 Kisan as also the spot panchanama dated 25th April, 1998, the driver of the offending vehicle suddenly stopped the truck on the road. The accident took place at 10.30 p.m.and therefore it cannot be said that the deceased was negligent or there is contributory negligence on his part which resulted in the accident. 2 2. After hearing learned counsel for the parties and after going through the oral evidence of Kisan as also the spot panchanama, prima-facie the Tribunal has recorded that the driver of the truck was negligent. Even accepting the case of the Insurance Company that this is the case of contributory negligence, at any rate, prima-facie at this stage the applicants herein would be entitled to 50% of the amount which comes to Rs. 3,50,000/- approximately. In view of this, the applicants herein are permitted to withdraw Rs.3,50,000/- deposited by the Insurance Company in the Tribunal, unconditionally. The balance amount shall be invested by the Tribunal in a fixed deposit in any of the nationalised Bank, initially for a period of three years and the same be renewed thereafter during the pendency of the first appeal. 3. Civil application stands disposed of in the aforesaid terms, with no order as to cots. (R.G.KETKAR, J.)