1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR First Appeal No. 511 of 2006 Narmadaprasad s/o Gulabchand Turkar ...Versus... Vijaykumar s/o Gyaniram ukey & ors. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. H.M. Sakhare Advocate for appellant. Mr. A. C. Dharmadhikari Advocate for Res.1. Mr. S.N. Dhanagare Advocate for Res. no.2. … CORAM : A.B. CHAUDHARI, J. DATED : 22.09.2011. C.A. No.2284/11 This is an application moved by the appellant seeking permission to withdraw the first appeal so also for withdrawal of the amount by respondent no.1 deposited in this Court pursuant to the order made by this Court. Respondent no.1 Vijaykumar who met with the accident in question had sued through his mother Durgabai, who is present before the Court. Mr.Dharmadhikari appears for respondent no.1 but he submits that he has no instructions on the present civil application. Mr.Dhanagare appears for respondent no.2- Insurance Company. None appears for 2 respondent no.3- driver of the vehicle. The Award was passed by the Tribunal since there was leg injury to the minor Vijay and a sum of Rs.1,50,000/- with 9% interest was awarded. Learned counsel for the appellant- vehicle owner submits that when interim order was made by this Court, this Court had directed deposit of 50% of the awarded amount and accordingly an amount of Rs.01,00,500/- was deposited in this Court. The appellant is also present with his counsel. Counsel for the appellant submits that now the appellant and the claimants have compromised inasmuch as the said amount of Rs.01,00,500/- which was deposited with this Court and invested vide endorsement dated 4.12.2006 shall be appropriated by the claimants towards full and final settlement of the claim. This Court is satisfied that the said amount with interest, if allowed to be withdrawn by respondent no.1, would be the just compensation and, therefore, this appeal should be allowed to be withdrawn and the amount of Rs.01,00,500/- with interest accrued thereon should be paid to respondent no.1. Hence, I make the following order. ORDER (i) C.A.F. No. 2284/11 is allowed in terms of its prayer clause (i). F.A. No. 511/06 is allowed to be withdrawn. Dismissed as 3 withdrawn. (ii) Refund of Court-fee as per rules. (iii) The amount of Rs.1,00,500/- deposited by the appellant in this Court and invested by the office alongwith entire accrued interest thereon shall be paid to Durgabai wd/o Ghyaniram Uikey, r/o Chikhali, District Bhandara, the mother of respondent no.1 Vijaykumar, by drawing Demand Draft in her name. Office shall make ready Demand Draft accordingly. (iv) Durgabai, mother of respondent no.1 Vijaykumar, shall remain present before the Registrar of this Court on 20.10.2011 for receiving the Demand Draft. C.A.F. No. 2284/11 and F.A. No. 511/06 are accordingly disposed of. No order as to costs. Judge /TA/