1 caf3187.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3187 OF 2003 IN FIRST APPEAL NO.1352 OF 2003 Oriental Insurance Company Ltd. ...Applicant vs. 1 Smt.Kamal Annarao Chopda 2 Miss Mahadevi Annarao Chopda 3 Miss Gangabai Annarao Chopda 4 Vishal Annarao Chopda 5 Sushil Ram Dhange ...Respondents Mr.J.S.Chandnani for the applicant Mr.Sagar Joshi i/b Mr.S.M.Oak for respondent nos.1 to 4 CORAM :A.S.OKA,J. DATE : OCTOBER 12, 2010 P.C. 1 Heard the learned counsel for the applicant and the learned counsel for the respondent nos.1 to 4. Only challenge in the appeal is on the ground that auto rickshaw was not validly insured with the applicant- insurance company. The learned counsel for the applicant submitted that the cover note produced by the claimants was fabricated. He invited the attention of the court to the civil application for additional evidence filed by the applicant for proving that the cover note was fabricated. Before the Tribunal, admittedly no evidence in that behalf was adduced by the applicant. 2 In this view of the matter, the claimants will have to be permitted to withdraw the compensation amount subject to furnishing adequate security. 2 caf3187.sxw 3 Hence, the application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause (a). ii)It will be open for the original claimants to withdraw the compensation amount subject to furnishing adequate security for the said amount to the satisfaction of the Tribunal. iii)The applicant will be heard before accepting the security. JUDGE