1 C.A.No.9212 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICATION NO. 9212 OF 2011 IN FIRST APPEAL NO.2065 OF 2008 Sharda Mukesh Jaiswal & ors. ..APPLICANTS VERSUS United India Assurance Co. Ltd. & ors. ..RESPONDENTS Mr Afzal Hussain, Advocate for the applicants; Mr P.C. Mayure, Advocate holding for Mr S.G. Chapalgaonkar for respondent no.1; Mr Manoj Shinde, Advoate holding for Mr M.K. Goyanka for respondent no.3 CORAM : MRS MRIDULA BHATKAR, J. DATE : 25th August, 2011 PER COURT : By this application the applicants/original claimants seek permission for withdrawal of the remaining 50% amount deposited by insurance company – respondent no.1 before the Motor Accident Claims Tribunal, Nanded in M.A.C.P. No.597 of 2002. The respondent insurance company has deposited the entire amount of award of Rs.9,85,374/- . Out of the said amount, an amount of Rs.4,00,000/- was allowed to be withdrawn by the order passed by this Court on 19.12.2008 and the said amount has been withdrawn by the applicants. 2. Thus, amount of Rs.5,85,374, together with interest accrued thereon, is pending in M.A.C.P. No.597 of 2002. Today, the applicants 2 C.A.No.9212 of 2011 pray for withdrawal of the entire amount on the ground that the family is in a dire need of money. 3. Learned Counsel for the respondent – insurance company submitted that the insurance company has adopted a defence of contributory negligence and thus, he opposed the application. 4. Applicants, i.e. original claimants no.2, 3 & 4 are the children of the deceased and they all are of the age group of 19 to 23 years. They all are taking college education and they need money to meet the financial assistance to pursue their college education. 5. Considering the above facts, I pass the following order :- Respondents no.2, 3 & 4 are allowed to withdraw Rs.50,000/- each, i.e. total amount of Rs.1,50,000/- on furnishing surety to the subjective satisfaction of the Registrar. Application disposed of accordingly. ( MRS MRIDULA BHATKAR, J.) amj/ca9212.11