1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO. 10680 OF 2008 IN FIRST APPEAL NO. 1162 OF 2007 1. Smt. Sunita w/o. Jaisingrao Shinde, age 38 years, occ. household, 2. Pranita d/o. Jaisingrao Shinde, age 17 years, minor occ.student, 3. Rajuta d/o. Jaisingrao Shinde, age 12 years, minor. Respondents Nos.2 and 3 are minors u/g. of applicant no.1 natural mother. All are residents of Sawargaon, taluka and district Latur. - - Applicants [ Orig.respondents Nos.1 to 3] versus 1 M/s. New India Assurance Company Ltd. Divisional Office at Adalat Road, Aurangabad. 2 Manikrao s/o. Baburao Dikhle, age 40 years, occ. agril., R/o. Tandulwadi, tq. Kallam, district Osmanabad. 3. Baban s/o. Laxmanrao Limbkar, age 33 years, occ. agriculture, R/o. Tandulwadi, taluka Kallam, district Osmanabad. - - Respondents Smt. Meera Biradar, Advocate holding for Shri U. R. Kulkarni, Advocate for the applicants. 2 Shri V. N. Upadhye, Advocate for the respondents Nos.1 to 3. Shri V. H. Solanke, Advocate holding for Shri D. H. Jadhavar, Advocate for respondents Nos.4 and 5. CORAM: N. D. DESHPANDE, J. Dated : 14th December 2009 PER COURT: 1. This is application filed by applicants / respondents Nos.1 to 3 for withdrawal of amount of Rs.2,00,000/- and balance of the amount to be kept with the nationalized bank. The application was made on 25-9-2008. Shri Upadhye, learned Counsel for the Insurance Company agreed to work out the matter in respect of deciding this application and accordingly, first appeal of the Insurance Company was taken up for final hearing and accordingly parties were put on notice. 2. In the light of the final hearing of the first appeal, the present application is allowed and accordingly disposed of. The applicants / respondents will also be entitled for entire amount deposited by the appellant Insurance Company in this Court to be distributed amongst themselves as per the distribution order by learned Motor Accident Claims Tribunal, Latur. SInce the appeal is heard and 3 decided on merit, the first appeal is dismissed on merit after hearing both the parties. ( N. D. DESHPANDE, J. ) pnk/ca1068008