1 c.a.17450.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 17450 OF 2010 IN FIRST APPEAL NO. 11 OF 1996 [Nagorao Kishan Gaikwad Vs. United India Insurance Co.Ltd.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Smt.T.W.Pathan, Advocate for applicant Shri.A.M.Phule,Advocate holding for Shri.D.V.Soman,Advocate for Respondent. .... CORAM: SHRIHARI P.DAVARE,J. DATE : 13TH JANUARY, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. The learned counsel for the applicant submits that Applicant Nagorao and his father Kishan were original petitioners in M.A.C.P. No.121 of 1992, which came to be allowed, by Judgment and Award dated 22nd September, 1995 by learned Member, Motor Accident Claims Tribunal, Nanded. The same is challenged by respondent NO.1-Insurance Company in 2 c.a.17450.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders First Appeal No. 11 of 1996 before this Court. It has been also submitted that the applicant and his father preferred Civil Application No. 3645 of 1998 for withdrawal of the amount. This Court allowed the same by order dated 19th September, 1998. However, applicant submits that he being illiterate, he has no knowledge about withdrawal of the amount, meanwhile his father Kishan, expired on 18th September, 2009, leaving behind applicant as only heir. The death Certificate along with Heirship Certificate is attached to Civil Application at Exhibit “A” collectively. 3. The learned counsel further submits that since this Court has already passed order in Civil Application No. 3645 of 1998, on 19th September, 1998, in respect of withdrawal of amount of Rs.25,000/- (Rupees Twenty Five Thousand), each by applicant and his father. Applicant be permitted to withdraw the said amount. 5. Considering aforesaid contents in the application and since applicant and his father were permitted to withdraw 3 c.a.17450.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Rs.25,000/-(Rupees Twenty Five Thousand), each on furnishing security by order dated 19th September, 1998, in Civil Application No. 3645 of 1998, present application deserves to be partly allowed. 5. In the result, present application is allowed partly and applicant is permitted to withdraw amount of his share on furnishing security to the satisfaction of Registrar of this Court. . The present Civil Application is disposed of accordingly. Sd/- [SHRIHARI P.DAVARE, J.] MTK