{1} fast129010.odt IN THE HIGH CO URT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL ST.NO.1290 OF 2010 United India Insurance Co.Ltd. Appellant Versus Malikarjun s/o Nagesh Mulge & others Respondents Mr.A.B.Gatne, advocate for applicant. Mr.B.S.Deshmukh, advocate for respondent no.2. Respondents No.1 & 3 served. CORAM : R.M.BORDE, J. DATE : 01 st July, 2011 PER COURT: 1 Heard Shri Gatne, learned Counsel for the appellant and Shri B.S.Deshmukh, learned Counsel for respondent no.2. None appears for other respondents, though served. 2 The claimants preferred application under Section 140 of the Motor Vehicles Act, which was allowed by the Tribunal and Respondents No.2 and 3 were directed to pay compensation to the tune of Rs.25,000/- towards no fault liability. 3 Shri Gatne, learned Counsel for appellant has invited my attention to the decision rendered in First Appeal No.1042/2009 with connected matters, decided by this Court on 20.09.2010. 4 The facts giving rise to the instant appeal are identical with {2} fast129010.odt the facts of decided appeals. The claim in the instant appeal also arises out of the same accident, which was the subject matter of above referred appeals. This Court, while disposing of the group of appeals, permitted the claimants to withdraw 50% of the amount deposited by the Insurance Company and remaining 50% of the amount was directed to be transmitted to the Motor Accident Claims Tribunal. 5 Shri Gatne, learned Counsel for appellant has informed that in the instant matter, the Insurance Company has deposited statutory amount of Rs.12,500/- in this Court while presenting appeal. It is further informed that in the execution application presented by original claimant before the Tribunal, the Insurance Company has deposited entire amount of Rs.25,000/-. 6 Considering these facts and for the reasons recorded in the order passed by this Court in First Appeal No.1042 of 2009 & companion appeals, instant appeal also needs to be disposed of. I, therefore, deem it appropriate to permit the claimants to withdraw 50% amount together with interest, out of the amount deposited by the Insurance Company before the Tribunal, if not already withdrawn, and remaining 50% shall be invested in Fixed Deposit. In case the claimant has withdrawn the total amount deposited by the Insurance Company before the Tribunal, said amount already withdrawn shall be considered at the time of deciding Claim Petition under Section 166 of the Motor Vehicles Act. So far as amount of Rs.12,500/-, deposited by the Insurance Company in this Court is concerned, same may be transmitted to Motor Accident Caims Tribunal, Biloli and shall be invested in Fixed Deposit until disposal of the appeal. {3} fast129010.odt 7 Appeal stands disposed of accordingly. No order as to costs. Pending Civil Application does not survive and stand disposed of accordingly. R.M.BORDE adb/fast129010 JUDGE