1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.10241 OF 2011 IN FIRST APPEAL NO.785 OF 2009 Satavaji @ Balaji s/o Girmaji Sadavarte and anr. .. Applicants Versus The Oriental Insurance Co.Ltd., through its Manager Nanded District Nanded and ors. .. Respondents Ms Maya R.Jamdhade, Advocate for applicants Mr U.S.Malte, Advocate for respondent No.1 CORAM : MRS MRIDULA BHATKAR, J. DATE : 30th September, 2011 PER COURT 1. Application is made for withdrawal of the amount, which was deposited by the Insurance Company as a part payment of the total amount of the award. 2. The Tribunal has passed the award of Rs.3,22,500/- against the death of deceased wife of the applicant, out of which Rs.25,000/- was paid towards the no fault liability, which was received by the applicant. However, amount of Rs.50,000/- as a part payment is deposited by the Insurance Company. Learned Counsel for the Insurance Company opposes the application and submits that it is the case of pay and 2 recover, as held by the Tribunal and the said issue is pending before the Honourable Supreme Court. As submissions are based on the Oriental Insurance Co.Ltd., Vs. Nanjappan and ors., reported in (2004) 13 Supreme Court Cases 224. 3. Learned Counsel for the applicants per contra pointed out that the Supreme Court in United India Insurance Co.Ltd., Vs. K.M.Poonam and others, reported in 2011 (3) T.A.C. 3786 (S.C.) has taken a liberal view for the payment of the compensation in respect of persons, who are not covered by the policy but it is construed as continued under Section 149 (1) of the Act. 4. Perused both the rulings. In the present case, there were thirteen passengers in the jeep and deceased wife of the applicant was one of them. In view of this, I rely on the ration laid down in the judgment in United India Insurance Co.Ltd., Vs. K.M.Poonam and others (supra). Applicant is allowed to withdraw amount of Rs.50,000/- on furnishing surety to the satisfaction of the Registrar of this Court. Civil Application disposed of. ( MRS MRIDULA BHATKAR, J. ) (vvr/10241.11ca)