1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 8933 OF 2010 IN FIRST APPEAL NO. 868 OF 2009 Dattu Sahebrao Mote .. Applicant Versus New India Assurance Co. Ltd. through Divisional Manager, Aurangabad and another .. Respondents Shri P. F. Patani, Advocate for the Applicant. Shri A. B. Kadethankar, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . This is an application for withdrawal of the amount deposited by the Insurance Company. The applicant is the original claimant. The Motor Accident Claims Tribunal has passed an award in favour of the applicant. The Insurance Company has challenged the said award. The first appeal has been admitted by this Court. Pursuant to the orders passed by 2 this Court, the Insurance Company has deposited an amount of Rs. 4,71,804/- in this Court. 2. Taking into consideration the award in favour of the present applicant and the fact that the applicant has suffered permanent disability and upon hearing the learned counsels for the respective parties I pass following order : I. The applicant is allowed to withdraw an amount of Rs. 1,50,000/- (Rs. One lac Fifty thousand only) on furnishing an undertaking in the form of an affidavit that if the appeal of the Insurance Company is allowed he would deposit the said amount within a period of one month. II. The applicant further is allowed to withdraw an amount of Rs. 1,50,000/- (Rs. One lac Fifty thousands only) on furnishing solvent security of the like amount. The civil application is accordingly disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10