1 CA NO. 3157 of 2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 3157 OF 2011 in FIRST APPEAL NO. 396 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 11th March, 2011 PER COURT : 1. Heard. 2. This is an application seeking withdrawal of the amount deposited by the non-applicant / M.S.R.T.C., on account of death of Dr. Pandurang who was the Medical Officer. The Tribunal has awarded compensation to the tune of Rs. 17,00,000/- (Rs. Seventeen lakhs). The present non- applicant assailed the Judgment and Award in the First Appeal. The First Appeal is admitted. The present non-applicant has 2 CA NO. 3157 of 2011 deposited the amount as directed by this Court. 3. Learned counsel for the non-applicant submits that the Tribunal has awarded exorbitant amount of compensation by applying erroneous multiplier. According to the learned counsel the multiplier of 8 should have been applied. If that is the condition the said applicant would be entitled for an amount of Rs. 10,00,000/- (Rs. Ten lakhs). Earlier applicants were allowed to withdraw Rs. 3,00,000/- (Rs. Three lakhs), as the the applicant Nos. 2 to 5 were minor. Now they are all major. The learned counsel for the applicants submits that the marriage of applicant No. 2 is fixed on 26th March, 2011 and for that purpose the amount would be required, so also since the other applicant Nos. 3 to 5 are taking education in Engineering. 4. Even according to the case of the non-applicant, the applicants are entitled for an amount which would come to Rs. 10,00,000/- (Rs. Ten lakhs) as per the 3 CA NO. 3157 of 2011 calculation of the non-applicant. As such there would not be any impediment for allowing the applicants to withdraw amount to the extent of Rs. 10,00,000/- (Rs. Ten lakhs, Rs. 3,00,000/- (Rs. Three lakhs) have already withdrawn by them. As such, I pass the following order. ORDER A] Civil Application is allowed. B] The applicants are allowed to withdraw an amount of Rs.7,00,000/- (Rs. Seven lakhs) by furnishing undertaking in the form of affidavit, thereby stating that in case appeal is allowed and they are directed to deposit Rs. 10,00,000/- (Rs. Ten lakhs) they shall deposit the same along with interest within one month from the date of order. C] Civil Application is disposed of accordingly. ( S.V. GANGAPURWALA, J. ) SDM* 4 CA NO. 3157 of 2011