1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.3184/2010 IN FA ST.NO.23931/2007. ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Kazi, Adv. for applicants; Mr.Dhananjaya Deshpande, Adv. for Resp.No.1. ___ CORAM : K.U.CHANDIWAL, J. DATE : 18 th March, 2010. ... 1) Heard. 2) By this CA a request is made by the applicant for withdrawal of the amount of 4,01,355/- being so deposited by the appellant/insurance company in MACP No. 316/2005 before the learned MACT, Aurangabad. 3) Mr.Deshpande has objected to disburse this amount, pointing that the insurance policy, subject of the vehicle involved in the accident, was not beyond Rs. 90,000/- per passenger; secondly, the deceased was a fare-paying passenger in a private vehicle. 4) Though these points are raised, which center to the merits in the appeal, however, for the present, since the applicants/claimants are hard-pressed for the legitimate amount, which they are entitled to receive, the balance 2 needs to be struck by allowing the applicants/claimants to receive at least Rs.2,00,000/- (Rupees two lakhs) from the deposited amount. Hence, order. 5) The application is partly allowed. The applicants/claimants to receive an amount of Rs.2,00,000/- (Rupees two lakhs) deposited by the insurance company in MACP No.316/2005 before the learned MACT, Aurangabad. 6) The claimants to furnish a surety for an amount of Rs.1,00,000/- (Rupees one lakh) to the satisfaction of the learned Judge. 7) The CA allowed in aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/ca3184.10