1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 1060 OF 2010 IN FIRST APPEAL NO. 2589 OF 2009 Sou Drupadabai Pandit Gavande & another .. APPLICANTS VERSUS New India Assurance Company Ltd. & another .. RESPONDENTS Mr. A.B. Kale, Advocate for the applicants. Mr. D.P. Deshpande, Advocate for the respondents. ===== CORAM : R. M. BORDE, J. DATE : 11 th FEBRUARY, 2010 PER COURT : 1 It is stated that claim raised by the claimants under the provisions of Motor Vehicles Act has been allowed and the tribunal has directed payment of compensation to the tune of Rs.2,00,000/- alongwith interest at the rate of 9% per annum from the date of filing of the petition till realisation of the amount. Compensation is sought by the claimants on account of death of deceased Balu Gavande who died in an accident occurred on 31-3-1999. 2 2 It is stated that the appellant / insurance company, while admitting the appeal, was directed to deposit amount covered by the award and, accordingly, appellant / insurance company has deposited amount of Rs 2,45,203/- in this court on 22-8-2008. The original claimants are seeking withdrawal of the amount deposited by the insurance company in this court. 3 Application is opposed by the insurance company contending that the deceased was fare paying passenger in a jeep in question which met with accident. On perusal of the judgment, it transpires that the insurance company has not lead any evidence before the tribunal nor has cross examined the witnesses. There is nothing on record to gather that prima facie the deceased was fare paying passenger and excess passengers were traveling in the jeep. It is further contended that some claim petitions were presented at Aurangabad arising out of the same accident wherein such defence was raised and the same was accepted. The appellant has also presented an application seeking leave to lead additional evidence in the matter. It would be a matter of consideration for this court to consider the application at the time of final disposal of the appeal. Prima facie, considering the facts and circumstances brought on record, I am of the view that the claimants would be entitled to withdraw the amount to the extent 3 of 50% of the amount deposited by the insurance company, on furnishing solvent security for the like amount. Balance of the amount shall be invested in fixed deposit initially for a period of three years and the fixed deposit receipt shall be renewed thereafter every year until disposal of appeal. Civil application stands disposed of. ( R. M. BORDE, J.) dyb/office/ca1060.10.odt