1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO. 1199 OF 2009. IN FIRST APPEAL NO. 894 OF 2008. Neelabai W/o Pralhad Nevde and others ...Applicants. VERSUS. United India Assurance Co and other. ...Respondents. ------------------------------------------ Mr.K.B.Jadhavar,Advocate for applicants. Mr.S.G.Chapalgaonkar,Advocate for respondent No.1 ------------------------------------------ (CORAM : R.M.BORDE, J ) DATE : 25TH September,2009. PER COURT : 1. This is an application seeking withdrawal of the amount deposited by the Insurance company. 2. It is stated by the Counsel appearing for the appellant, respondent in the instant application that Insurance company is not liable to pay the compensation to the applicants. The deceased himself was owner of the vehicle and as such can not be considered as third party for satisfying the liability, by the Insurance Company. In view of these circumstances, the application does not merit consideration and stands rejected. The amount deposited by the Insurance company shall be invested, in any Nationalised Bank, in the fixed deposit,initially for the 2 period of three years, the Fixed Deposit be renewed, after completion of period of three years for period until disposal of appeal. It is stated that record and proceeding of the Court below is received in High Court. As such, there is difficulty in proceeding with the claim petition under section 166 of the Motor Vehicles Act which is pending before the Motor Accident Claims Tribunal. In view of this, the Record and Proceeding received in this court shall be transmitted back to the Motor Accident Claims Tribunal forthwith. 3. In this view of the matter, the Civil Application No. 1199 of 2009 stands dismissed. ( R.M.BORDE, J. ) MTK/ca.1199.09 3