1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.8516 OF 2009 IN FIRST APPEAL NO.235 OF 1997 Sau. Sudhakar Vasant Petkar Applicant V/s Shri. Ajay Vishnu Mule and others. Respondents ------------------------------------------------------------------------------------------------------- Mr. S. N. Janakwade holding for Shri. P. R. Katneshwarkar, Advocate for the applicant. Mr. Vijay Deshmukh holding for Shri. V. J. Dixit, Advocate for the Respondent No.1. ------------------------------------------------------------------------------------------------------ (CORAM : R.K. DESHPANDE, J.) DATE : 14th September, 2009. PER COURT : 1. Heard Shri. S. N. Janakwade holding for Shri. P. R. Katneshwarkar, the learned Counsel appearing for the appellant and Shri. Vijay Deshmukh holding for Shri. V. J. Dixit, the learned Counsel appearing for the Respondent No.1. This is an application for withdrawal of amount of Rs.30,074/- deposited by the Respondent No.3 Insurance Company in Motor Accident Claim Petition No.31/1988. None of the non-applicants filed any reply to this Civil Application. The learned Counsel for the applicant states that, this amount has been deposited pursuant to the 2 Judgment and Award in question which is dated 08.04.1996 passed in Motor Accident Claim Petition No.31/1988. The claim in the appeal is for enhancement of compensation and hence if the amount is permitted to be withdrawn no prejudice would be caused to the applicant. Hence application is allowed. 2. The Motor Accident Claims Tribunal, Ahmednagar, directed to permit the applicant to withdraw the amount of Rs.37,074/-. The office is directed to remit the Record and Proceedings to the Tribunal which shall be again sent to this Court after decision of the Tribunal. (R.K. DESHPANDE) JUDGE GAS/ca8516.09