1 ca 5922.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5922 OF 2011 IN FIRST APPEAL NO. 1850 OF 2011 Bhagirathibai Dnyanoba Jadhav and ors .. Applicants Versus The Oriental Insurance Co. Ltd. and anr... Respondents Shri Sachin S. Deshmukh, Advocate for Applicants. Shri S. M. Godsay, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 03RD MAY, 2011. PER COURT : . This is an application for withdrawal of amount. The applicant Nos. 2 to 5 are minors. The amount to the extent of their share has been directed to be kept in the fixed deposit by the Tribunal. Even otherwise it would not be in the interest of minors to allow withdrawal of their amount. The applicants as per the award has been awarded an amount of Rs. 4,36,000/-. 2. Shri Godsay, the learned counsel opposes the application 2 ca 5922.09 on the ground that it is a case of contributory negligence and the applicants are not entitled for the amount awarded by the Tribunal. 3. Even assuming the case of the non applicant about negligence till the applicants would be entitled for atleast part of the amount i. e. awarded. In that light of the matter, I pass the following order. O R D E R I) The applicant No. 1 is allowed to withdraw an amount of Rs. 1,50,000/- on furnishing undertaking to this Court that in the event the appeal is allowed, the applicant No. 1 would deposit the said amount within a period of one month. II) The remaining amount shall be kept in the fixed deposit of any nationalized bank. III) The civil application is disposed of. [ S. V. GANGAPURWALA, J. ] bsb/May 11