{1} ca789011.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.7890 OF 2011 IN FIRST APPEAL NO.1134 OF 2011 Dattatraya Kedari Bhogil Applicant Versus The United India Assurance Co.Ltd. And another Respondents Mr. A.S.More, advocate for the applicant. Mr. P.C.Mayure, advocate holding for Mr.S.G.Chapalgaonkar, advocate for respondent no.1. CORAM : R.M.BORDE, J. DATE : 29th July, 2011 PER COURT: Heard Shri More, learned Counsel for the applicant and Shri Mayure, learned Counsel for respondent No.1. This is an application seeking withdrawal of the amount deposited by the Insurance Company in this Court. It is stated that sum of Rs.10,00,000/- has been deposited by the Insurance Company in this Court. The Insurance Company has not controverted claim of the claimants to receive amount of compensation to the extent of Rs.5 lacs. The claim is restricted only in respect of additional amount of Rs. 5,00,000/-, which, according to the Insurance Company, is in excess of entitlement of the claimant. In this view of the matter, it would be in the fitness of things to permit the claimant to withdraw 50% of the amount. The claimant {2} ca789011.odt shall be entitled to withdraw Rs.4,50,000/- deposited by the Insurance Company in this Court. If the claimant has not received amount of Rs. 50,000/- towards no fault liability, liberty to the applicant to apply for withdrawal of Rs.50,000/-. The balance amount shall be deposited in fixed deposit in any Nationalised Bank initially for a period of three years and the Fixed Deposit Receipt shall be renewed thereafter for the period until disposal of appeal. Civil Application stands disposed of. R.M.BORDE JUDGE adb/ca789011