1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3308 OF 2009 IN FIRST APPEAL STAMP NO. 16569 OF 2007 1 Vimal Tukaram Bagate and others . .. Applicants Versus 1. The Oriental Insurance Company Ltd and others . .. Respondents Shri S. A. Ambad, Advocate for the Applicant. Shri U. S. Malte, Advocate for the Respondent No. 1. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. DATE : 22nd July, 2009. ORAL ORDER : 1. This is an application for withdrawal of amount deposited by the appellant in this Court. 2. Shri Malte learned counsel for the applicants relies on the judgment of Apex Court in the case of Oriental Insurance Co. Ltd. v. M. S. Lakshmisha and others reported in 2001 AIR SCW 5102 (1) has vehemently opposed the present application. 3. For the reasons stated in the application, the application is 2 allowed. The amount deposited in this Court is permitted to be withdrawn on the condition that the applicants shall file an undertaking in this Court that in the event if at the stage of final disposal of the appeal, if any amount is paid to the claimant is found to be in excess, than they are entitled to refund the same. 4. In so far as, the reliance placed by the learned counsel for the applicants on the order of the Apex Court cited supra is concerned, and it can be seen that in the facts of the said case, the Apex Court found that High Court was not justified in granting unconditional withdrawal of 50 per cent amount. 5. In the present case, upon perusal of the award passed by learned Member Accidents Claim Tribunal, atleast prima facie, we find that the amount of compensation awarded is just and reasonable. However, to secure interest of the appellant, we have directed the applicants/claimants to furnish undertaking to this Court. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/July 09