1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4241 OF 2009 IN FIRST APPEAL STAMP NO. 1877 OF 2009 1. Meera w/o Kalyan @ Bandu Landge, Age: 30 years, Occ: Household, R/o. Sadar Bazar, Ambajogai, Tq. Ambajogai, Dist. Beed. 2. Utkarsha d/o Kalyan @ Bandu Landge, Age: 3 years, Occ: Nil, Minor U/g of her Real mother, Applicant No.1 herein. .. Applicants Versus 1. New India Assurance Co. Ltd., Adalat Road, Aurangabad, Through its Authorised signatory, Mr. Vishwas s/o Bansi Gaikwad, Age: 55 years, Occ: Service Sr. Div. Manager, New India ASS. Ltd., Aurangabad. 2. Kashinath s/o Sadashiv Ingle, Age: 45 years, Occ: Tractor owner, R/o. Panchwad gaon, Tq. District Jalna. 3. Vishwanath Kashinath Landge, Age: 61 years, Occ: Nil, R/o. Ganpathi Galli, Ambad, Tq. & Dist. Jalna. 4. Sunderkanda w/o. Vishwanath Landge, Age: 56 years, Occ: Household., R/o. As above. .. Respondents 2 ... Mr. Shrikant Kulkarni, Advocate for applicants. Mr. Dhananjay Deshpande, Advocate for respondent No. 1. Mr. A.S. Usmanpurkar, Advocate for respondent Nos. 3 and 4. ... WITH CIVIL APPLICATION NO. 4700 OF 2009 IN FIRST APPEAL STAMP NO. 1877 OF 2009 1. Vishwanath s/o Kashinath Landge, Age: 60 years, Occ: Nil, 2. Sunderkanda w/o. Vishwanath Landge, Age: 56 years, Occ: Household., All R/o. Ganpati Galli, Ambad, Tq. Ambad,Dist. Jalna. .. Applicants Versus 1. New India Assurance Co. Ltd., Through its Sr.Divisional Manager, Divisional Office,Adalat Road, Aurangabad. 2. Kashinath s/o Sadashiv Ingle, Age: Major, Occ: owner, R/o. Panchwadgaon, Tq.and District Jalna. 3. Meera w/o Kalyan Landge, Age: 30 years, Occ: Household, R/o. Sadar Bazar, Ambajogai, Tq. Ambajogai, Dist. Beed. 3 4. Utkarsha d/o Kalyan Landge, Age: 3 years, Occ: Nil, Minor U/g of her Real mother, Respondent No.3. R/o. As above. .. Respondents ... Mr. A.S. Usmanpurkar, Advocate for applicants. Mr. Dhananjay Deshpande, Advocate for respondent No.1. Mr. Shrikant Kulkarni, Advocate for respondent Nos. 3 and 4. ... CORAM : R.G. KETKAR, J. DATE : 14TH DECEMBER, 2009. PER COURT : These applications are taken out by the two sets of claimants for withdrawal of the amount deposited by the Insurance Company in this Court. 2. By order dated 14-07-2009, this Court permitted the appellant - Insurance Company to serve third respondent by issuing public notice in local newspaper, where the third respondent is lastly known to have resided. By subsequent order dated 03-08-2009 in Civil Application No. 4 4241 of 2009, this Court granted four weeks time to the appellant - Insurance Company to serve third respondent and it was clear that if no such steps are taken, ad interim order granted earlier was to stand vacated. 3. It is not in dispute that there is no compliance of the order dated 03-08-2009 passed by this Court in Civil Application No. 4241 of 2009 and consequently, ad interim order stands vacated. 4. The appellant - Insurance Company has deposited Rs.25,000/- in this Court towards statutory deposit on 27-01-2009. The appellant - Insurance Company has further deposited Rs. 1,95,389/- on 18-05-2009. Thus, the appellant - Insurance Company has deposited Rs.2,20,389/- in this Court. 5. By order dated 04-02-2009 in Civil Application No. 1467 of 2009, this Court granted 5 stay to the impugned judgment and award subject to the condition of applicant depositing 50% minus statutory deposit deposited in this Court, and N.F.L. amount, if paid or deposited in the trial Court within five weeks. 6. Civil Application No. 4241 of 2009 is taken out by widow and daughter of Kalyan and Civil Application No. 4700 of 2009 is taken out by the parents of deceased Kalyan, for withdrawal of the amount. There is consensus between the learned Counsel appearing for the applicants that the applicants in Civil Application No. 4241/2009 be permitted to withdraw Rs.1,40,000/- and the applicants in Civil Application No. 4700/2009 may be permitted to withdraw remaining amount of Rs.80,389/-. 7. After hearing learned Counsel appearing for the parties and considering the impugned judgment and award dated 18-08-2008 passed by the M.A.C.T., in my opinion, ends of justice 6 would be met by permitting the applicants to withdraw the amount in the following manner. Civil Application No. 4241 of 2009 (1) Applicants are permitted to withdraw Rs. 90,000/- (Rs. Ninety Thousand only) out of Rs. 2,20,389/- deposited by the appellant - Insurance Company, as follows : (2) Applicant No. 1 Meera, widow of Kalyan Landge is permitted to withdraw Rs.40,000/- (Rs. Forty Thousand only) deposited by the appellant - Insurance Company. (3) On behalf of applicant No. 2 Utkarsha d/o. Kalyan Landge, applicant No. 1 Meera is permitted to withdraw Rs.50,000/- (Rs. Fifty Thousand only). (4) Amount of Rs.50,000/- (Rs. Fifty Thousand 7 only) shall be invested in Fixed Deposit initially for a period of one year in any nationalised bank and the applicant No. 1 is permitted to withdraw the interest without furnishing security. The fixed deposit will be renewed from time to time during the pendency of the First Appeal. Civil Application No. 4700 of 2009 (1) In so far as the remaining amount of Rs. 80,389/- (Rs. Eighty Thousand Three Hundred Eighty Nine only) is permitted to be withdrawn by the applicants in C.A. No. 4700 of 2009. 8. Civil Applications stand disposed of with the aforesaid terms, with on order as to costs. 9. The appellant - Insurance Company to take appropriate steps for the service of unserved respondent within four weeks. ( R.G. KETKAR, J.) sut/DEC09/ca4241.09