FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD ______________________________________________________________________ Office Notes, Office Memoranda | of Coram, appearances, Court's | Court's or Judge's orders orders or directions and | Registrar's orders | ______________________________________________________________________ ----------------------------------- CIVIL APPLICATION NO. 5454/2009 WITH CIVIL APPLICATION NO.89/2008 IN F.A.ST.NO.22194/2007. ----------------------------------- Shri G.R. Ingole Patil, Advocate for the applicant. Shri Dhananjay Deshpande, Adv. for R/1. CORAM : K.U.CHANDIWAL,J. DATE : 09/06/2009 . Heard counsel for the claimant Sakhubai Kasbe. The Insurance company appellant has deposited the 50% of the claim amount. The claimant is facing financial difficulties being widow and she was depending on the income of the deceased Jamnaji a Labour. In the situation I do not find any impediment in the matter to disregard the application. 2) Consequently the Civil Application No.5454/09 is allowed. The original claimants are entitled to receive 50% of the claim amount deposited in this court. No costs. 3) In Civil Application .. 2 .. ______________________________________________________________________ Office Notes, Office Memoranda | of Coram, appearances, Court's | Court's or Judge's orders orders or directions and | Registrar's orders | ______________________________________________________________________ No.89/2008 notice of Respondent No.3 Gangadhar is returned unserved. The counsel for the Insurance company has sought stay to the proceedings. Since 50% of the amount is deposited and by separate order it has been allowed to be withdrawn by original claimant, and the main matter is pending, the execution and operation of the impugned judgment in M.A.C.P.No.326/99 dated 2/8/2007 passed by the Member, Motor Accident Claims Tribunal, Nanded is stayed with above clarification that the original claimants are entitled to receive 50% of the amount deposited. The Civil Application No.89/2008 is allowed in above terms. Dt.09/06/2009 (K.U.CHANDIWAL) JUDGE cmg/ca545409