1 C.A. No.2125.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2125 OF 2011 in FIRST APPEAL NO. 1367 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 18th March, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount deposited by the M.S.R.T.C.. 3. The learned counsel for the non- applicant submits that the Tribunal has awarded higher multiplier of eleven. In the present dispute the multiplier should not be awarded more than five by the Tribunal, and also factum of contributory negligence has 2 C.A. No.2125.11 not been considered. The incident / accident has not been disputed. Even if the arguments of the non applicant is considered, the applicant would be entitled for some amount. 4. In that light of the matter, I allow the applicant to withdraw Rs.4,00,000/- (Rs. four lakhs) on submitting an undertaking in the form of affidavit that if the appeal is allowed and the applicant is required to deposit the amount, he will deposit within one month. The applicant is also allow to withdraw an additional amount of Rs. 2,00,000/- (Rs. Two lakhs) on furnishing solvent security of the like amount. The remaining amount shall be kept in fixed deposit of any Nationalized Bank. 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM* 3 C.A. No.2125.11