1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9548 OF 2007 IN FIRST APPEAL NO. 832 OF 2007 1. Sitabai Sinappa Fulmali and others .. Applicants Versus 1. The New India Assurance Co. Ltd. and others .. Respondents Shri H. D. Deshmukh, Advocate for Applicants. Shri A. B. Kadethankar, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 03RD SEPTEMBER, 2010. PER COURT : . This civil application is filed for withdrawal of amount deposited by the respondent No. 1/non applicant in this Court pursuant to the orders passed by this Court. 2. The applicants claimed that the amount is required for the marriage purpose. Except the no fault liability amount, they 2 have not received any amount. The award has been passed in their favour. 3. Shri Kadethankar, learned counsel for the non applicant No. 1 submits that in fact, the Insurance Company was exonerated and it is only in review petition, the liability was fastened upon the Insurance Company. In fact, there is no provision for review, so also contends that the deceased was gratuitous passenger and was not entitled for any amount. 4. Though, there is no provision of review, the Panji Bench of the Bombay High Court in case of New India Assurance Co. Ltd. Vs. Minguel Correia and others reported in 1986 (3) Bom. C. R. 647, has held that power of review is vested in the Claims Tribunal by necessary implication, regarding the other aspect, whether the deceased was gratuitous passenger and whether the Insurance Company would be liable on that count the matter is required to be considered on merits. In my view, the cause of justice would sub serve if the applicants are allowed to withdraw the 50% of amount deposited by the non applicant No. 1 on furnishing solvent security. 3 5. In the light of above I pass the following order : I. The applicant is allowed to withdraw 50% of the amount deposited by the non applicant No. 1 pursuant to the orders of this Court on furnishing solvent security of the like amount. The civil application is accordingly disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept.10