1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICTION No. 9255 of 2010 IN FIRST APPEAL No. 3142 of 2009 Shakuntalabai Sudhakarrao Ingale & others .. APPLICANTS VERSUS The New India Assurance Company Ltd. .. RESPONDENT ... WITH CIVIL APPLICTION No. 9256 of 2010 IN FIRST APPEAL No. 3143 of 2009 Dattatraya Sudhakarrao Ingale & another .. APPLICANT VERSUS The New India Assurance Company Ltd. .. RESPONDENT ... Shri V.P. Golewar, Advocate for Applicants in both the Civil Applications Shri A.B. Kadethankar, Advocate for respondent No.1 in both the Civil Applications Shri H.P. Jadhav, Advocate for respondent No. 2 in both the Civil Applications 2 CORAM :- S.V. GANGAPURWALA, J. DATE : 30th AUGUST, 2010. PER COURT: 1. This is Civil Application for withdrawal of the amount deposited by the Insurance Company, pursuant to the Award passed by the Motor Accident Claim Tribunal, Jalna and directions of this Court in Civil Application for stay. 2. Shri Kadethankar, learned counsel appearing for the Insurance Company, vehemently opposes the Civil Application, on the count that the Insurance Company is not at all liable for the claim. The order that Insurance Company should first pay the amount and then recover from the Insurer is exfacie erroneous and against the dictum of the Apex Court. 3. The said issue is pending consideration with the larger bench of the Apex Court. The same is referred to the larger bench by the Apex Court, in the case of “ National Insurance Company limited V/s. Parvathneni and another, 3 reported in (2009) 8 SC 785.”. 4. Just because, as the said issue is pending consideration with the larger bench, the claimants who are entitled to the amount cannot be allowed to be kept waiting for years to come. The interest of justice would sub-serve, if the claimants are allowed to withdraw 50% of the amount and are directed to furnish solvent surety to the extent of the amount withdrawn. 5. In the result, I pass the following order ORDER The applicants are allowed the withdraw the 50% of the amount deposited in this Court on furnishing solvent surety of the like amount. Civil Applications are disposed of. However, there shall be no order as to costs. [S.V. GANGAPURWALA,J] SDM* 9255.10CA