1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 224 OF 1993 United India Insurance Co. Ltd. through its Manager, Branch at Jalgaon .. Appellant Versus Smt. Jayabai W/o Baburao Bhil and others .. Respondents Shri V. R. Mundada, Advocate for the Appellant. Appeal is abated against the Respondent No. 1. Appeal is dismissed against Respondent Nos. 2 and 3. The Respondent No. 4 is served. Shri D. S. Kulkarni, Advocate h/f Shri S. L. Kulkarni, Advocate for the Respondent No. 5. Shri M. N. Nawandar, Advocate for Respondent Nos. 6 and 7. CORAM : N. D. DESHPANDE, J. DATE : 06TH JULY, 2010. PER COURT : . Heard Shri V. R. Mundada, learned counsel for the appellant/United India Insurance Company and Shri D. S. Kulkarni, learned counsel for the respondent No. 5 and Shri 2 Nawandar, learned counsel for respondent Nos. 6 and 7. The respondent No. 1 is dead and appeal is abated against the respondent No. 1. The appeal is already dismissed against respondent Nos. 2 and 3. 2. This is an appeal of the year 1993 filed against an order dated 16.07.1991 in M.A.C.P. No. 73/1991 passed by the learned Member, Motor Accident Claim Tribunal, Jalgaon. By the impugned order the appellant was directed to pay Rs. 12,500/- to the claimants who are respondent Nos. 1 and 2 U/Sec. 140 of the Motor Vehicles Act under no fault liability. The respondent Nos. 1 and 2 are the original claimants in the aforesaid case and their claim of Rs. 25,000/- was allowed. The appellant and respondent No. 5 both were held liable to pay Rs. 25,000/- as per share i. e. Rs. 12,500/- each. 3. The present appellant preferred this first appeal mainly on the ground that it was not a death in motor accident and as such the insurance company/appellant was not liable to pay the amount muchless under the no fault liability. Admittedly it is the claim under no fault liability in a pending petition for compensation before the Motor Accidents Claim Tribunal, 3 Jalgaon and as such, payment or part of the compensation is required to be adjusted in a award finally prepared and drawn. 4. Shri Mundada, learned counsel for the appellant submitted that the Insurance Company has already deposited Rs. 12,500/- and since it is not an amount which is finally decided and is always subject to a final decision of a petition under Motor Vehicles Act, and as such, he be permitted to withdraw this appeal. Upon considering the record and after hearing the parties the appellant is permitted to withdraw this appeal. The amount deposited of Rs. 12,500/- and the interest accrued if any on the deposit be remitted to the Motor Accidents Claim Tribunal at Jalgaon. Needless to state that said deposit is subject to adjustment in case any award is passed against the appellant/Insurance Company in a final award U/Sec. 168 of the Motor Vehicles Act. With the above directions this appeal stands dismissed as withdrawn and disposed of on the above terms. [ N. D. DESHPANDE, J.] bsb/July 10