1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 34. CA/2956/2010 In FA/2534/2009 WITH CA/2957/2010 In FA/2532/2009 WITH CA/9800/2009 In FA/2532/2009 WITH CA/9801/2009 In FA/2534/2009 WITH CA/12328/2009 In FA/2532/2009 WITH CA/12364/2009 In FA/2534/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.Chapalgaonkar S.G., Adv.for the applicant. Mr.B.R.Kedar, Adv., for respondent No.3. ... CORAM: K.U.CHANDIWAL, J. DATE:12-3-2010 P.C.:- 1. Heard learned counsel. The respondents have apparently dodged service. Issue paper publication /notice, against 2 respective respondents, as prayed in the local newspaper at the cost of the applicant. Civil Application Nos. 2957/2010 in FA No.2532/2009 and CA No.2956/2010 in FA No.2534/2009. 2. Heard Mr. B.R.Kedar, Counsel for the claimants /Resp.Nos. 1 and 3, respectively, in both the appeals. The claimants are hard pressed due to non receipt of the amount under award. 3. Counsel for the appellant Insurance Company has opposed to entertain the application pointing that the driver of the vehicle had no valid licence and, consequently, there will seldom be responsibility on the appellant to answer the claim. He has urged, the claimant could not establish their entitlement to excessive amount granted by the learned Member. 4. Since the claimants are apparently in financial crunch and wandering for fruits, on 3 safeguarding interests of the appellant, the claimants need withdrawal of the amount to 50 per cent of the deposited amount. Hence order. Order (a) Claimants in CA No.12328/2009 and 12364/2009, in respective FA Nos.2532/2009 and 2534/2009, to receive 50 per cent of the amount deposited by the Insurance Company on furnishing surety to the satisfaction of the Registrar (Judicial). Both the applications allowed in above terms. (b) Cheque be issued in the names of Babi wd/o Madhav Kendre and Pandu s/o Ganpati Kendre, claimants in MACP No.184/2003 and CA No.12328/2009 and Rukhminbai wd/o Shridhar @ Shrimant Phad, claimant in MACP No.183/2009 and CA No.12364/2009. (K.U.CHANDIWAL) JUDGE agp/2956-10cagr