IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.5990 OF 2008 IN FIRST APPEAL NO.1067 OF 2009 The United India Insurance Co. Ltd. ...Applicant. v. Mohan Dattatray Jadhav & Ors. ...Respondents. Mr. Mohan Darandale, adv. For the Applicant. Mr. S.A.Rajeshirke, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 27th August , 2009 P.C. 1 Appeal is admitted only to the extent of limit on the liability of the Insurance Company as per the insurance policy. 2 Whole of the compensation amount has been deposited by the insurance company before the lower Court. 20% of that amount has been already withdrawn. Taking into consideration the circumstances and the limit of the liability as per the insurance policy, the respondent no.1 shall be allowed to withdraw the amount of Rs.1 lakh inclusive of the amount, which is already withdrawn. The balance amount shall be invested in fixed deposit with some nationalised bank pending this appeal. Subject to this order, the execution, implementation and operation of the impugned judgment and award shall remain stayed - 2- pending the appeal. 2 Application stands disposed off. (J.H. BHATIA,J.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION FIRST APPEAL NO.1067 OF 2009 The United India Insurance Co. Ltd. ...Appellant. v. Mohan Dattatray Jadhav & Ors. ...Respondents. Mr. Mohan Darandale, adv. For the Appellant. Mr. S.A.Rajeshirke, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 27th August , 2009 P.C. 1. Heard the learned counsel for the parties. 2 In the companion First Appeal No.1066 of 2009 , this Court held that principle of Res Ipsa Loquitur will be applicable and there is no material on record to show that claimants were fare paying passengers. However, there appears prima-facie substance in the contention of the Insurance Company that liability of the insurance company is Rs.1 lakh per person while the Claims Tribunal awarded compensation of Rs. 2,31,250/-. Matter be listed for final hearing only on that point. 3 Parties are put to notice that appeal shall be finally heard - 2- and disposed off at the admission stage. (J.H.Bhatia, J.)