1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.NO.7483/2008 IN F.A.ST. NO. 15926/2008 ( New India Assurance Co. . /vrs/ Smt. Sunita Dharmapal Mundre and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : AUGUST 10, 2009. Heard Shri S.M. Ukey, learned counsel for applicant and Shri P.S. Patil, learned counsel for respondent nos. 1 to 4. Prayer by the Insurance company is to condone delay of 71 days in filing appeal under Section 173 of the Motor Vehicles Act. Shri Patil, learned counsel who appears for respondent nos. 1 to 4 is strongly opposing the prayer for condonation of delay. We have perused the application and we are satisfied that there are no malafides, hence delay is condoned. Office to register the appeal and list for further consideration. Civil Application No. 273/2009. Learned Counsel for the applicant points out that leave to defend was given to the Insurance company by the Motor Accident Claims Tribunal. Shri Uke, learned counsel 2 contends that multiplier of 17 as applied is incorrect and it could not have been more than 13. Shri Patil, learned counsel disputes this. The applicant has deposited amount of Rs. 13,37,112/-. In the circumstances, petitioner no.1 before the Claims Tribunal is permitted to withdraw 15% of the amount deposited as per apportionment by the Claims Tribunal. Petitioner nos. 3 and 4 before claims tribunal are permitted to withdraw 10% each, of the amount deposited, and the balance amount be invested with any Nationalised Bank, initially for a period of two years. JUDGE JUDGE Rgd.