1 ca 4443.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4443 OF 2011 IN FIRST APPEAL NO. 2024 OF 2010 Gulam Gous Patel Gulam Dastgir and others .. Applicants Versus 1. The Oriental Insurance Co. Ltd. Through Divisional Manager and others .. Respondents Shri Sachin S. Deshmukh, Advocate for Applicants. Shri R. H. Jobanputra, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 21ST APRIL, 2011. PER COURT : . This is an application for withdrawal of amount. The Insurance Company has deposited an amount of Rs. 10,00,000/­ out of an award of Rs. 20,80,000/­. 2. Shri Jobanputra, the learned counsel for the Insurance Company submits that in fact, the applicant himself was 2 ca 4443.11 negligent. The driver of the vehicle was not holding the valid license, so also the amount has been exorbitantly awarded. Even the medical bills are filed of Rs. 2,00,000/­, but were considered for Rs. 5,00,000/­. It was 30% disability, but the Tribunal considered the 100% disability. All these arguments would be gone into at the time of final hearing of the appeal. At this stage, the award is in favour of the applicant. The non applicant No. 1 has deposited 50% of the amount awarded. It will also in nobodies interest to keep the amount idle in the Court. At the same time the interest of the Insurance Company needs to be safeguarded in that respect. Taking into consideration all above conspectus , I pass the following order. O R D E R i) The applicants at present are allowed to withdraw an amount of Rs. 7,00,000/­ (Rs. Seven Lakh only) on furnishing solvent security of the like amount. ii) The question of asking the non applicant to deposit the further amount and the right of the applicants to withdraw the said amount would be considered when further orders on stay petition filed by the Insurance 3 ca 4443.11 Company are passed. iii) The civil application is accordingly disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11