1 C.A.No. 10837 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.10837 OF 2011 IN FIRST APPEAL NO.2320 OF 2009 Bharati Dadasaheb Jathar & ors. ..APPLICANTS VERSUS Kishor Laxminarayan Mantri & ors. ..RESPONDENTS Mrs Manjusha S. Jagtap, Advocate for the applicants; Mr G.C. Navandar, Advocate holding for Mr A.M. Gholap for respondent no.3; Mr P.C.Mayure, Advocate holding for Mr S.G. Chapalgaonkar for respondent no.2. CORAM : MRS MRIDULA BHATKAR, J. DATE : 7th October, 2011 PER COURT : Application is made for withdrawal of amount of Rs.3,00,000/-, which was deposited by the appellant/original respondent no.3, the owner of the ambulance. The Member, Motor Accident Claims Tribunal, Ahmednagar, by judgment and order dated 24.4.2009 has passed the award of Rs.9,35,440/- + interest at the rate of 9% per annum. The accident was a head on collision of an ambulance and a luxury bus. The father of applicant no.1 died in the said accident. The Tribunal gave finding that it was a contributory negligence and directed that the owners and insurance companies of respective vehicles are liable to pay 50% of 2 C.A.No. 10837 of 2011 the award. Pursuant to the said order, appellant i.e. respondent no.3, the oner of the ambulance deposited 50% of the amount which he was liable to pay. 2. Learned Counsel for the appellant i.e. original respondent no.3 submits that the appellant has a good case on the point of negligence and so he opposes the application. 3. Considering the finding of the Tribunal and age of the applicants no.2 & 3, who are the minor children of the deceased and applicants no.4 & 5 who are the parents of the deceased, applicants are allowed to withdraw amount of Rs.3,00,000/- along with the interest, if any accumulated thereon, on furnishing undertaking to the satisfaction of the Registrar. Out of the amount of Rs.3,00,000/-, amount of Rs.50,000/- each will be invested in the fixed deposit in the name of minor applicants no.2 & 3. Application is allowed accordingly. ( MRS MRIDULA BHATKAR, J.) amj/ca10837.11