1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.12619 OF 2010. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 11.10.2010. 1. This is an application for withdrawal of the amount. The matter is not yet admitted. The First Appeal is dismissed as against Respondent Nos.6 to 8. The learned counsel for the appellant seeks time to take steps against Respondent Nos. 6 to 8. 2. The appellant is a insurer of both the vehicles involved in the accident. According to Mr.Kulkarni, learned counsel for the Insurance Company as the deceased was travelling in a pick-up van i.e. a goods vehicle, it is a case of breach of policy. So, the Insurance Company would not be liable to pay the amount and only owner of the pick-up van would be liable to pay the amount . Be that as it may, would be a question of reappreciation of evidence. The fact remains that the appellant is the insurer of both the vehicles and there would not be any impediment for the present applicants to allow present applicants to withdraw 50% of the amount i.e. Rs.6,00,000/- (Rupees six lacs). 3. The applicants are allowed to withdraw an amount of Rs.6,00,000/- (Rupees six lacs) from the amount deposited by the Insurance Company. As far as remaining amount is concerned, will be considered at the time of admission of the appeal. (S.V.GANGAPURWALA,J.) Dt.11.10.2010. asp/office/Ca12619.10