1 C.A.No.11971 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.11971 OF 2011 IN FIRST APPEAL ST. NO.36322 OF 2010 Pratibha Prakash Joshi & ors. ..Applicants Versus New India Assurance Co. Ltd., through its Manager ..Respondents Mr Pande Shashikant R., Advocate for the applicants Mr Dhananjay Deshpande, Advocate for respondent no.1 CORAM : MRS MRIDULA BHATKAR, J. DATE : 12th October, 2011 PER COURT : By the present application the applicants seek withdrawal of the amount of the amount of Rs.4,23,000/-, which was deposited by the insurance company pursuant to the award passed by the Tribunal. Learned Counsel submits that this Court has already passed order as an interim arrangement on 21.4.2011 allowing the applicant to withdraw amount of Rs.1,00,000/- on furnishing solvent surety. The said amount was asked for the marriage of applicant no.3. However, due to poverty the applicants could not make the arrangement of the solvent surety. Therefore, marriage of applicant no.3 is postponed. Learned Counsel for the insurance company submits that the defence of the insurance company in appeal is that rash and negligent act itself is not proved. 2 C.A.No.11971 of 2011 2. Considering the defence of the insurance company and condition of the applicants, order passed by this Court on 21.4.2011 is modified and following order is passed :- Applicants are allowed to withdraw amount of Rs.50,000/- each on furnishing undertaking. Civil Application disposed of accordingly. ( MRS MRIDULA BHATKAR, J.) amj/ca11971.11