1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9786 OF 2008 IN FIRST APPEAL STAMP NO. 18532 OF 2007 Shivram S/o Bhujangrao Ghante and another .. .. APPLICANTS Versus United India Insurance Co. Ltd. .. .. RESPONDENT Shri Milind K. Deshpande, Advocate for the Applicants. Shri V. R. Mundada, Advocate for the Respondent No. 1. Shri A. D. Kasaliwad, Advocate for the Respondent No. 2. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 15TH SEPTEMBER, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. This is application for withdrawal of the amount which has been apportioned to the share of the applicants by the learned Motor Accident Claim Tribunal while passing judgment and award in M.A.C.P. No. 641/2003. 2. The application is vehemently opposed by Shri Kasaliwal who appears for original claimants on the ground that, the present applicants are not entitled to any amount. He submits that, said 2 applicants are not dependent of the deceased, as they are residing with another son. He submits that, the application is liable to be rejected. 3. However, taking into consideration the submissions advanced by the rival parties, we are inclined to allow the application. The application is partly allowed. Out of Rs. 1,00,000/- each which has been directed to be fixed in fixed deposit receipt in the name of the applicants, Rs. 50,000/- each is permitted to be withdrawn by each of the applicant on the condition that, the applicants shall file an undertaking that, in any event, if it is found at the stage of final hearing that, the amount withdrawn by the applicants is more than they are entitled, they would refund the same. Rest of the amount be kept in the fixed deposit receipts as directed by the learned Tribunal. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Sept. 09