1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13311/2009 IN FIRST APPEAL NO. 335/2007 Smt. Madhuben Nalinbhai Jolapura and others. ...Applicants. Versus The Branch Manager, New India Assurance Co. Ltd. and another. ...Respondents. ........ Shri V.S. Badakh, Advocate for applicants. Shri V.N. Upadhye, Advocate for respondent no.1. CORAM : N.D. DESHPANDE, J Date : 18/12/2009 Per Court :- 1 Heard Shri V.S. Badakh, learned Advocate for the applicants / respondents and Shri V.N. Upadhye, learned Advocate for Insurance Company / Appellant. 2 This is second application filed by the applicants / respondents in this appeal, for withdrawal of Rs.67,186/-, which is kept as deposit, and the interest accrued, which is lying as balance of the deposit of 50% amount of award. 2 The second application is being considered in the light of his previous civil application No. 7753/2007, which was allowed by this Court, by the order dated 1 st February 2008 for withdrawal of Rs.1 lac, for the reason that the daughter of the deceased was old enough to marry and to meet her marriage expenses in addition to meet other expenses on education of children. 3. The application for further withdrawal of amount is opposed by learned counsel for the Insurance Company on merits, saying that there is no case made out against the Insurance Company. The same arguments were advanced earlier when first application came to be decided and when the appeal was admitted. Therefore, the Insurance Company was directed to deposit 50% of amount. Without touching to the merits of the defence, the allegations are made by Insurance Company about the validity of the driving licence of a driver who did not possess effective driving licence for transport vehicle and the vehicle involved in the accident being transport vehicle, the Insurance Company denied the liability to pay the amount awarded in this first appeal. In the light of the observations made in earlier order dated 1 st February 2008 allowing the applicant to withdraw Rs. 1 lac, this application is also 3 being considered for the withdrawal of the balance of Rs.67,186/- and interest accrued to meet expenses of education of the children and for the welfare of the family, which is main object of the social legislation. In that view of the matter, the application is allowed and disposed of after hearing both the sides. The dispute is narrow in appeal and therefore, now appeal is listed for final hearing after vacation. [N.D. DESHPANDE, J.] tsk/civilapln13311.09