CAW/4278/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4278 OF 2010 IN FIRST APPEAL NO.640 OF 2010 Bandu Nivruti Sathe & anr. ... Applicants V/s. The Oriental Insurance Co. Ltd. & Ors. ... Respondents Mr.V.B. Rajure for Applicants Mr.Ranjan Tripathi i/b S.S. Vidhyarthi for Resp. No.1 Mr.D.K. Bhosale for Respondent No.3 CORAM: SMT.NISHITA MHATRE, J. DATED: FEBRUARY 25, 2011 P.C.: 1. The applicants have moved this Civil application for modification of the order passed by me on 30.4.2010 in Civil application No.3319 of 2007. I had permitted the applicants to withdraw the 50% of the amount deposited by the Insurance Company on furnishing security to the satisfaction of the trial Court. 2. The present civil application seeks a modification of the order on the ground that it is next to impossible for the applicants to furnish any security as they do not possess any property and are working on daily wages on whatever projects are available. This application is vehemently opposed by the learned advocate for the Insurance company. He has relied on two judgments of the Supreme Court in the case of Oriental Insurance Company Ltd. vs. Kajal & Ors., 2009 (1) TAC 9 (SC) and CAW/4278/2010 : 2 : in the case of The Oriental Insurance Co. Ltd. vs. M.S. Lakshmisha & Ors., JT 2000 (Suppl.1) SC 207. The Supreme Court in these judgements has observed that in the facts of those cases, the High Court should not have allowed withdrawal of the compensation without any security. 3. I have considered the submissions of the learned Counsel and in view of the reasons mentioned in the civil application as well as the fact that in any event both the insurance company and the owner have been held liable jointly and severally in my opinion it would be appropriate to grant the civil application to the following extent: (i) Admittedly, an amount of Rs.1,55,000/- has been deposited by the insurance company with the trial Court. The applicants are permitted to withdraw 25% of the amount deposited without any security or surety. (ii) The applicants may withdraw another 25% of the amount on furnishing surety to the satisfaction of the trial Court. In the event the applicants are unable to furnish surety within 12 weeks from today the amount shall be invested by the trial Court initially for a period of three years, to be renewed thereafter in the like terms. 4. Civil application is disposed of in the above terms.