IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 93 OF 2010 IN FIRST APPEAL NO. 81 OF 2010 NATIONAL INSURANCE CO. LTD ... Applicant Versus SHRI. SAMBHAJIRAO MADHAVRAO RANE AND 2 ORS., ... Respondents Mr. E. Afonso, Advocate for the applicant. Mr. V. Rodrigues, Advocate for respondent No.1. Mr. J. P. Mulgaonkar, Advocate for respondent No.2. Coram:- A. S. OKA, J. Date:- 18th June, 2010 P.C. :- Heard learned Counsel appearing for the applicant and learned Counsel appearing for the first respondent and the second respondent. The first respondent is the claimant. The second respondent is the owner of the vehicle involved in the accident. The application is taken up for final hearing. 2. The challenge by the applicant-appellant is to an award passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988. As a condition for grant of stay, the applicant will have to deposit the entire amount due and payable as per the impugned award as of today. 3. Considering the facts of the case, the first respondent will be entitled to withdraw a sum of Rs. 75,000/-, subject to filing an undertaking in this Court to bring back the said amount with appropriate rate of interest as directed by this Court, in the event the applicant succeeds in the appeal. If the appellant succeeds in the appeal, apart from recovering the amount on the basis of the undertaking of the first respondent, the appellant can always recover the amount from the insured. Hence, the application is disposed of by following order : (A) There will be an interim relief in terms of prayer clause (a), subject to the applicant depositing with this Court the entire amount due as per the impugned award as of today, within a period of six weeks from today. (B) If the applicant fails to deposit the amount within the stipulated period of six weeks, the stay will stand vacated without further reference to the Court. (C) If the amount is deposited by the applicant, the first respondent will be entitled to withdraw a sum of Rs.75,000/- subject to filing an undertaking to bring back the said amount with appropriate rate of interest as may be directed by this Court, in the event the applicant succeeds in the appeal. (D) Withdrawal of the amount by the first respondent will be subject to final outcome of the appeal. (E) Rest of the amount deposited by the applicant, shall be invested in a fixed deposit with any nationalised bank till final disposal of the appeal. A. S. OKA, J. ssm.