(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 9246 of 2009 (In First Appeal Stamp No. 6608/2008) 1. Prakashchandra s/o. Ambadasrao Raut, Age : 62 years, Occupation : Nil, R/o. Indrayani, B-27, Kanchan Nagar, Ambad Naka, Jalna, Taluka & District : Jalna. 2. Pushpabai w/o. Prakashchandra Raut, Age : 57 years, .. Applicants Occupation : Nil, (Original R/o. Indrayani, B-27, Kanchan Nagar, respondent Ambad Naka, Jalna, nos.6 & 7) Taluka & District : Jalna. versus 1. National Insurance Company Ltd., through its Manager, Hazari Chambers, Station Road, Aurangabad. 2. Meenakshi s/o. Deepakchandra Raut, Age : 34 years, Occupation : Service, R/o. Jalna, at present Beed. 3. Ajay s/o. Deepakchandra Raut, Age : 11 years, Occupation : Student, R/o. As above No.2. (2) 4. Akshay s/o. Deepakchandra Raut, Age : 5 years, Occupation : Student, R/o. As above No.2. 5. Mohammad Abdul Shafa Gani Shabir, Age : Major, .. Non-applicants Occupation : Business, (No.1 - Original R/o. Pangra, Taluka : Paithan, appellant, District : Aurangabad. Nos.2 to 4 - Original claimants) 6. Bandu s/o. Rangnath Borade, Age : Major, Occupation : Driver, R/o. Yrda, Taluka Gangapur. .......................... Mr. V.P. Golewar, Advocate, for the applicant. Mr. S.P. Chapalgaonkar, Advocate, for non-applicant no.1. Mr. V.P. Latange, Advocate, for non-applicant nos.2 to 4. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 11TH SEPTEMBER 2009. (3) COURT'S ORDER : 1. This is an application for withdrawal of the amount which is deposited in this court towards the judgment and award in Motor Accident Claim No. 45/2006, to the extent it has been apportioned to the share of the present applicants. 2. Taking into consideration the grounds raised in the application, the application is allowed in terms of prayer clause "B", on condition that the applicants file an undertaking in this court, to the effect that in the event, at the stage of final hearing of the appeal, amount withdrawn by the applicants is found in excess to which they are entitled, they would refund the same. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca9246