IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3436 OF 2009 IN FIRST APPEAL (St)NO. 25352 OF 2008 Kalpana Sambhaji Patil &Ors. ... Applicants Vs. Dilip Pandurang Patil & Ors. ... Respondents Ms. Shraddha Hingse, i/b. Shri Umesh R. Mankapnre, Advocates, for the applicants. Mr. Rahul Mehta, Advocate i/b. KMC Legal Venturre, Advocates for the respondents. CORAM: J.H.BHATIA,J. DATE : 26th August, 2009. P.C. 1. Heard the learned Counsel for the applicant, who was the original claimant and the learned Counsel for the original opponent No.5/the appellant Insurance Company. The Insurance Company has come in appeal with two grounds. Firstly, the accident had occurred due to the rash and negligence of the motor-cycle and not the truck driver. Secondly, it is contended that the truck driver was not having valid driving licence and there was breach of the condition of the insurance policy. Both these objections were rejected by the trial Court. The trial Court granted compensation of Rs.7,50,000/- inclusive of no fault liability. Out of this amount, only Rs.60,000/- is directed to be paid in cash and the balance amount is directed to be kept in fixed deposit. 2. In view of this, the Application is allowed in the following terms :- The applicant No.1 and applicant No.4 are allowed to withdraw amount of Rs.40,000/- and Rs.20,000/- respectively along with interest on whole of the amount which might have accrued so far and the balance amount be kept in fixed deposit as per the direction given by the trial Court in the final order. Application stands disposed of accordingly. (J.H.BHATIA,J.)