1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2600 OF 2010 In FIRST APPEAL NO. 2318 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.M. Gholap, Advocate for applicants. Mr. Dhananjay Deshpande, Advocate for R. 1. Mr. A.B. Kadethankar, Advocate for R. 6. Mr. D.S. Bagul, Advocate for rest of respondents. CORAM: R. M. BORDE, J. DATED: 26th February, 2010. P.C.: 1. This is an application, seeking withdrawal of amount of compensation deposited by appellant in this Court. 2. The counsel for the appellant has pointed out that the appellant is insurer in respect of the mini-door rickshaw which met with an accident whereas the respondent No. 3 in the claim petition, is the insurer of the offending vehicle i.e. meta-dor, the claimant has alleged the negligence in driving the vehicle by the driver of the offending vehicle i.e. meta-dor. However, the circumstances, placed on record also indicates that the offending vehicle has given dash to mini- door rickshaw from its backside. In this view of the matter, the insurer of the mini-door rickshaw i.e. the appellant herein 2 claims that no liability can be saddled against him. 3. Taking into consideration the claim put forth by the claimants as well as the circumstances appearing in the matter shows that claimants will have entitlement to claim the amount as against the other respondents. However, so far as the appellant is concerned, prima facie it does appear that the insurer is not liable to reimburse the liability of the owner of the mini-door rickshaw. In this view of the matter, the application seeking withdrawal of the amount deposited by the appellant stands rejected. It is, however, clarified that the claimants would be entitled to raise their claim and execute the award as against the non appealing respondents. Civil Application stands disposed of. 4. The amount deposited by the appellant shall be invested initially for the period of three years in fixed deposit and the fixed deposit receipt shall be renewed thereafter until disposal of appeal. [ R.M. BORDE, J.] ssc/ca2600.10