: 1 : 4444-11-caf=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4444 of 2011 IN FIRST APPEAL (ST) NO.4269 of 2009 IN MACT CASE NO. 938 OF 2004 Smt. Hemalata Vilas Shirsat & Anr. .. Appellant v/s. The Oriental Insurance Company Ltd. & Anr. .. Respondents ......... Mr. C.M. Lokesh i/b H.G.S. Hegde & Associates for the appellant Ms. Karina Kripalani i/b M/s. R. Bhargavan & Associates for the respondents ......... CORAM : A.V. NIRGUDE, J DATE : 8th NOVEMBER, 2011. P.C. : 1. Heard. The respondents moved this application seeking permission of the Court to withdraw the amount deposited by the appellant Insurance Company in the Lower Court. The respondent’s accident claim was partly allowed and an amount of Rs.10,82,200/- was : 2 : 4444-11-caf=.sxw granted as compensation along with interest to the respondents. The award was given in 2008 and yet the respondents have not been paid any of the compensation amount. While opposing the claim, the appellant Insurance Company tried to assert that this was a case of contributory negligence. It was their case that the deceased was partly responsible for the accident. They in fact, asserted before the lower Court that the deceased was negligent to the extent of 50 percent. 2. However, the learned Judge of the lower Court rejected their case. In any case, since the appeal is admitted, in view of the defence raised by the appellant in the lower Court, 50 percent of the amount deposited in the lower Court should be handed over to the respondents. The respondents shall share this amount proportionately as per the order of the trial Court. Hearing of the appeal is expedited. (A.V. NIRGUDE, J.)