1 CA.No.13853 /2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13853 OF 2010 IN FIRST APPEAL NO.1517 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. D.G. Nagode, Advocate for applicant. Mr. K.T. Shirurkar, Advocate for respondent No.1. CORAM : K. K. TATED, J. DATE : 10TH DECEMBER, 2010. PER COURT : . Heard the learned Counsel for the applicant and the learned Counsel for respondent No.1. 2. Present Civil Application is preferred by the original claimant for withdrawal of the amount deposited by respondent No.1 Insurance Company in this Court. 3. It is the case of the applicant that he was serving at brick kiln and earning Rs.250/- per day. Because of the accident, 2 CA.No.13853 /2010 he lost his eye and he cannot work as a labour. He filed application under section 166 of the Motor Vehicles Act before M.A.C.T. Aurangabad bearing M.A.C.P. No.106/2004 claiming compensation of Rs. 2,00,000/-. The Tribunal after considering the evidence on record held that the applicant is entitled to a sum of Rs.3,65,000/- with interest @9% p.a. from the date of filing claim petition till realisation of awarded amount. 4. The learned Counsel appearing on behalf of the applicant pointed out that respondent Insurance Company as per order dated 22-07-2009 in C.A. No.7222/2009 deposited a sum of Rs.1,75,000/-. 5. Though the Civil Application is duly served on the respondents, they failed to file any affidavit in reply to oppose the same. The learned Counsel appearing on behalf of respondent No.1 Insurance Company vehemently opposed the present Civil Application. 6. The learned Counsel appearing on behalf of the applicant submits that because of the accident, the applicant 3 CA.No.13853 /2010 sustained 70% disability and he is unable to do any work. He further submits that it is difficult for the applicant to maintain his family members. 7. Considering the facts disclosed in Para-3 of the Civil Application, the applicant is allowed to withdraw a sum of Rs.1,00,000/- (Rs. One lac only) without surety and remaining amount with accrued interest, on furnishing solvent surety to the satisfaction of the Registrar (Judl.) of this Court. 8. With this direction, Civil Application is disposed of accordingly. [ K. K. TATED, J.] sut/DEC10/ca13853.10