1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No. 838/2009 (The new India Assurance Co. Ltd. VERSUS Shashikala wd/o Gopichand Aade & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Gautam Chatterjee, counsel for the appellant. Shri S.D. Chande, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 7 , 2010 . After hearing the learned counsel for the parties for quite some time and after perusal of Record & Proceedings and the decisions reported in 1998(3) SCC 744 (Amrit Lal Sood & another), 2009 ACJ 791 (National Insurance Co. Ltd. Versus Brijlata & others) and 2009 ACJ 2218 (Royal Sundaram Alliance Insurance Co. Ltd. Versus A. Meenakshi & others), it appears that the first appeal cannot be disposed of at the stage of admission as the matter is required to be considerably argued by the parties on the issues involved in the case. The learned counsel for the appellant has stated that even assuming that the insurance company was liable to indemnify the insured, the liability of the insurance company was restricted to Rs.1,00,000/- in respect of the policy. 2 Hence, ADMIT. The Record & Proceedings may be retained. The learned counsel Shri S.D. Chande, waives notice of hearing on behalf of the respondent nos.1 to 5. C.A.F. NO. 1769/2009. The learned counsel for the applicant states that the amount of Rs.75,000/- has been deposited in this Court. The respondent nos.1 to 5 are permitted to withdraw the amount of Rs.50,000/- on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). The balance amount may be placed in a fixed deposit account of a nationalized bank initially for a period of three years and the same should be renewed thereafter from time to time during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE