1 C.A..No. 14570 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO.14570 OF 2011 IN FIRST APPEAL ST. NO.23247 OF 2011 Meena Shahaji Narayankar & ors. ..APPLICANTS VERSUS United India Insurance Co. Ltd., through Divisional Manager & anr. ..RESPONDENTS Mr S.B. Solanke, Advocate holding for Mr M.P. Gandle for the applicants; Mr P.C. Mayure, Advocate holding for Mr S.G. Chapalgaonkar for respondent no.1 CORAM : A.V. POTDAR, J. DATE : 9th December, 2011 PER COURT : Heard Counsel for the applicant and respondent no.1 insurance company. 2. By this application the applicants/original claimants have prayed to allow to withdraw amount of Rs.3,41,795/- deposited by the insurance company, respondent no.1 to this application and appellant in the First Appeal, in this Court. 3. While opposing this application, it is submitted across the bar on behalf of the insurance company that finding recorded by the learned Member of the Motor Accident Claims Tribunal clearly discloses that this claim arises out of the accident in which it is held by the learned Member 2 C.A..No. 14570 of 2011 of the Tribunal that it is a case of contributory, wherein the learned Member of the Tribunal has held the percentage of the negligence of the claimant is 10%, while according to the learned Counsel for the insurance company it is more than that. Admittedly, part of the claim of the claimants was allowed by the Member, MACT, to the tune of Rs. 5,94,800/-. The entire amount even though directed to be deposited, the amount came to be withdrawn is about 60% of the amount deposited. Considering the percentage of the negligence held by the Lower Court, it is desirable to allow the applicants to withdraw this amount, subject to final decision in the appeal, on furnishing a surety to the satisfaction of the Registrar of this Court. 4. In the light of above, application is allowed in terms of prayer clause (A) and (B). The applicants are allowed to withdraw the amount in the sum of Rs.3,41,795/- on furnishing surety to the satisfaction of Registrar of this Court. Needless to state, in addition to that the applicants shall furnish an undertaking to this Court that this withdrawal is subject to the final decision in the appeal. Civil Application stands disposed of. (A.V. POTDAR, J.) amj/ca14570.11