1 C.A. NO. 2887 of 2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2887 OF 2011 in FIRST APPEAL NO. 1383 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders PER COURT : 1. This is an application for withdrawal of amount. The Award is passed in favour of applicant. The non applicant Insurance Company has preferred an appeal. 2. Shri Chapalgaonkar, learned Counsel for the non applicant submits that the Insurance Company is not at all liable to pay amount, as deceased was driving the vehicle of which no premium was paid covering the driver of the vehicle. He relied on the Judgment in the case of “ 2 C.A. NO. 2887 of 2011 Ningamma & anr V. United India Insurance Co. Ltd, reported in 2009 AIR SCW 4916”, in support of his contention. 3. The Award is passed in favour of the applicant. It would be in nobodies interest to keep the amount idle. However, interest of Insurance Company needs to be protected. In that light of the matter I pass the following order. ORDER A] The applicant is allowed to withdraw an amount of Rs. 1,00,000/- (Rs. One lakh) on furnishing a solvent security of the like amount to the satisfaction of the Registrar (J.) of this Court. B] Civil Application is disposed of accordingly. 11th Mar. 11 ( S.V. GANGAPURWALA, J. ) SDM*