1 C.A. No. 538.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 538 OF 2011 (Savita Sudam Raut & ors V. Babaj Allianz General Insurance Co. Ltd. ) in FIRST APPEAL NO. 2017 OF 2010 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 : 21st APRIL, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount. 3. Shri Chapalgaonkar, learned counsel for the respondent opposes the application on the ground that, in fact, the claim petition itself was not tenable. The deceased was himself negligent. Therefore, Insurance Company 2 C.A. No. 538.11 would not be liable to pay amount. 3. The contentions raised by Shri Chapalgaonkar can be considered at the time of final adjudication of the matter. At this stage, Award is passed in favour of the applicant and It will be in nobodies interest to keep the amount lying idle. However, the interest of the Insurance Company will have to be safeguarded. 4. In the result, I pass following order. ORDER A. The applicant is allowed to withdraw an 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. 538.11