ca6998.09 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6998 OF 2009 IN FIRST APPEAL NO. 446 OF 2005 Syed Abdul Rashid s/o Abdul Waheed & Anr ...Applicants Versus The United India Assurance Company Ltd. & Anr. ...Respondents ..... Mrs. A.N. Ansari, advocate for the applicants Mr. A.B. Gatane, advocate for respondent No.1 ..... CORAM: MRS. MRIDULA BHATKAR, J. DATED: 20TH OCTOBER, 2011 PER COURT:- 1 This is an application filed for withdrawal of amount of compensation to the extent of share of the present applicants. The applicants are original claimant Nos. 6 and 7 in the claim petition. They were minor when the impugned judgment and award was delivered. The Division Bench of this court in civil application No. 8546 of 2005, preferred in the instant first appeal for withdrawal of the amount, by order dated 8.9.2005 has allowed the applicants, who were major, to withdraw 75% of the amount, which was falling to their ca6998.09 -2- shares and 25% of the amount of their shares were directed to be kept in fixed deposit. 2 In the year 2005, the present applicants were minor. Therefore, this court had directed to keep the amount of their shares in the fixed deposit. Therefore, the applicants have moved this application for withdrawal of amount when they attained the majority in the year 2009. However, this court asked them to file affidavits and to quote the reason for withdrawal of the amounts. Today, learned counsel for the applicants submits that the applicant No.1 wants to start a business as he has completed his education and the applicant no.2 is getting married today. Therefore, the applicants are in need of money. 3 Learned counsel for the respondents-Insurance company opposes the application on the ground that the Insurance Company has challenged the claim on the point of quantum and if the entire amount is allowed to be withdrawn, then the appeal would be rendered as frustrated. However, considering the submissions advanced by the counsel for the respective parties, I am inclined to permit the applicants to withdraw the amount as prayed for. 4 In the result, each of the applicants are permitted to withdraw 75% of the amount of their share, which is kept in the fixed deposit ca6998.09 -3- pursuant to the order dated 8.9.2005. The remaining 25% of the amount of their shares be kept in fixed deposit till the decision in the appeal. The applicants are directed to furnish security to the satisfaction of the Registrar of this court. 5 With the above observations the application is disposed of. ( MRS. MRIDULA BHATKAR, J. ) rlj/