(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION [F] NO. 327/2011 IN FIRST APPEAL NO. 118/2011. The New India Assurance Company Ltd. VERSUS Naseemabai wd/o Mohd. Sadique and others. ________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : R. M. SAVANT, J. DATED : FEBRUARY 22, 2011. Heard Ms. Anita Singh, the learned Counsel for the appellant and Shri C.A. Joshi, the learned Counsel for the applicants/respondents no.1 to 3. By the above Civil Application, the applicants/claimants seek withdrawal of the amount of Rs. 4,22,783/- deposited by the appellant / Insurance Company in this Court in terms of the impugned award of the Motor Accident Claims Tribunal. The said application is opposed by the appellant / Insurance Company on the ground that the Insurance Company cannot be made liable to pay any compensation to a gratuitous passenger. (2) Per contra, it is submitted on behalf of the applicants/claimants that the Claims Tribunal has recorded a finding that the deceased was a coolie who used to load and unload the goods on the truck and use to travel with the truck. It is pertinent to note that the appellant/ Insurance Company has not led any evidence to indicate that the passengers were traveling in breach of the policy conditions. In my view, therefore, the applicants/ claimants would be entitled to withdraw the amount which has been deposited by the appellant / Insurance Company in this Court, however, the withdrawal will be only to the extent of 50% of the amount deposited, and that too by furnishing a solvent surety to the satisfaction of the learned Registrar of this Court. The balance amount of 50% be invested by the Registry in a fixed deposit with any Nationalized Bank initially for a period of three years, and thereafter to be renewed from time to time, as deemed fit. The applicants/ claimants to also file a undertaking in this Court stating that in the event the appellant/ Insurance Company succeeds in the appeal, they would bring back the amount which is allowed to be (3) withdrawn by this order, as would be directed at the time of final hearing of the First Appeal. Civil Application is accordingly disposed of. JUDGE Rgd