1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10660 OF 2008 WITH CIVIL APPLICATION NO. 3786 OF 2009 IN FIRST APPEAL (ST.) NO. 19359 OF 2008 New India Assurance Company Limited ...Applicant Versus Pandurang s/o Ramrao Bansode and others ...Respondents ..... Shri P.C. Mayure i/b Mr. S.G. Chapalgaonkar, Advocate for the applicant- appellant Shri Ram Deshpande, Advocate for original claimants ..... CORAM: S.B. DESHMUKH & S.S. SHINDE, JJ. DATED : 10TH JUNE, 2009. PER COURT :- 1. We heard Mr. Mayure h/f Mr. Chapalgaonkar, counsel for the Insurance company and Mr. Ram Deshpande, counsel for respondents-original claimants. We have also perused the award passed by the learned M.A.C.T. Latur. Civil application No. 10660 of 2008 seeks condonation of about 16 days delay occurred in filing first appeal in this Court. Considering the submissions made on behalf of the 2 parties, in our view, case for condonation of delay is established. No malafides can be attributed to the applicant/appellant Insurance Company. 2. Original claimants/parents of deceased have moved civil application No. 3786 of 2009 for withdrawal of amount. Mr. Mayure, learned counsel for the Insurance Company has submitted that an amount of Rs.6,52,000/- is deposited in this Court including the statutory deposit of Rs.25,000/-. Mr. Deshpande, learned counsel for the claimants submitted that the claimants are parents of deceased. Apart from their own maintenance, they require to maintain three daughters of themselves. Both of them are old aged persons, who weeks withdrawal of entire amount i.e. Rs. 6,52,000/- from this Court. Since appeal is not considered by this Court for admission and is on stamp, learned counsel Mr Deshpande, submitted that he may file cross objection on the point of quantum for the reason that the claimants have claimed Rs.27,27,000/- as a compensation. In law, the claimants are entitled to file cross objection within a period of limitation. We have considered submissions made on behalf of the parties. In our view, as of today, an amount of Rs.4,50,000/- can be permitted to be withdrawn by the claimants on furnishing their personal undertaking to this Court. Considering the facts and circumstances of the case, we also grant liberty in favour of the applicants/claimants to move this Court for withdrawal of remaining amount in case of urgency and necessity. After withdrawal of amount 3 of Rs.4,50,000/-, an amount of Rs.2,02,000/- would remain in the registry of this Court. The said amount needs to be invested. 3. Civil application therefore, is partly allowed. Applicants/original claimants are permitted to withdraw Rs.4,50,000/- by filing their personal undertaking to this Court. Registry is further directed to invest an amount of Rs.2,02,000/- plus accrued interest on the entire amount, with State Bank of Hyderabad, High Court Branch, Aurangabad, initially for a period of three years. In absence of any further orders from this court, the said investment shall stand renewed after every three years. (S.S. SHINDE, J.) (S.B. DESHMUKH, J.) rlj/june09/10/ca10660.08 4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10661 OF 2008 IN FIRST APPEAL (ST.) NO. 19359 OF 2008 New India Assurance Company Limited ...Applicant Versus Pandurang s/o Ramrao Bansode and others ...Respondents ..... Shri P.C. Mayure i/b Mr. S.G. Chapalgaonkar, Advocate for the applicant- appellant Shri Ram Deshpande, Advocate for original respondent claimants ..... CORAM: S.B. DESHMUKH & S.S. SHINDE, JJ. DATED : 10TH JUNE, 2009. PER COURT :- We have heard learned counsel for respective parties. Interim relief, granted earlier by this Court, stand continued till disposal of appeal, since we have admitted appeal by separate order. Civil application is accordingly allowed and disposed of. (S.S. SHINDE, J.) (S.B. DESHMUKH, J.) rlj/june09/10/ca10660.08 5 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 19359 OF 2008 New India Assurance Company Limited ...Appellant Versus Pandurang s/o Ramrao Bansode and others ...Respondents ..... Shri P.C. Mayure i/b Mr. S.G. Chapalgaonkar, Advocate for the appellant Shri Ram Deshpande, Advocate for original respondent claimants ..... CORAM: S.B. DESHMUKH & S.S. SHINDE, JJ. DATED : 10TH JUNE, 2009. PER COURT :- 1. We heard Mr. Mayure h/f Mr. Chapalgaonkar, counsel for the appellant and Mr. Ram Deshpande, counsel for respondents-original claimants. 2. Admit. Expired. Call for record and proceeding (without paper book). Print dispensed with. 3. The appellant is directed to furnish adequate number of copies of private 6 paper book within one year from today. In case of failure on the part of the appellant to furnish adequate number of copies, the appeal shall stand dismissed without back reference to this Court. Liberty to the parties to move for early hearing. After admission of appeal, Mr. Ram Deshpande waives for respondents. *****