1 C.A. No. 120.11 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 120 OF 2011 (Vimalbai Raju Chavan and ors V. United India Assurance Co. Ltd. ) in FIRST APPEAL NO. 2280 OF 2009 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 deposited by the non- applicant. In fact, this Court, vide order dated 8th July, 2010 passed on Civil Application No. 7373 of 2010, had directed to keep the amount in fixed deposit and interest was allowed in the proportion of 60% to widow and 20% each, to the father 2 C.A. No. 120.11 and mother of the deceased. 3. Shri Rakhunde learned counsel h/f Shri Deshpande, learned counsel for the applicant states that in fact, interest amount that is received is too nominal, there is no other source of income, and family cannot survive only on the said interest amount. The inflation also needs to be taken into consideration. 4. In the result, I pass following order. ORDER A. Taking into account, the changed circumstances, I allow the applicant to withdraw an amount of Rs. 50,000/- (Rs. Fifty thousand) on furnishing solvent security of the like amount. In view of the withdrawal order passed allowing Rs. 50,000/- (Rs. Fifty thousand) the applicant No. 1 would not be entitled to interest in the same proportion which was allowed by this Court vide order dated 8th July, 2010 3 C.A. No. 120.11 passed on Civil Application No. 7373 of 2010. The applicant No. 1 will only be entitled to the interest on an amount of Rs. 33,500/- (Rs. Thirty three thousand five hundred) 5. The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*