1 C.A.No.10709 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.10709 OF 2011 IN FIRST APPEAL NO.1523 OF 2009 Lalitkumar Nemlal Saoji Kalamkar & ors. ..APPLICANTS VERSUS Oriental Insurance Co. Ltd. & anr. ..RESPONDENTS Mr S.S. Deshmukh, Advocate for the applicants; Mr Dhananjay Deshpande, Advocate for respondent no.1 CORAM : MRS MRIDULA BHATKAR, J. DATE : 27th September, 2011 PER COURT : By this application the applicants seek withdrawal of the amount which has been deposited by the insurance company pursuant to the order dated 5.3.2009, passed by the learned Member, Motor Accident Claims Tribunal, Parbhani in M.A.C.P. No.205 of 2007. Learned Counsel for the respondent insurance company, while opposing this application, points out that the rash and negligent driving is neither alleged nor proved. The deceased lady died when she was travelling in the mini bus and a big stone from the mountain fell on the window of the bus and she died. Learned Counsel points out that the case squarely falls under the defence of vis major. Hence, learned Counsel for the respondent prayed that the application be dismissed. 2 C.A.No.10709 of 2011 2. Considering the nature of the incident and the position of law, the application is dismissed. It is to be noted that the insurance company has already paid Rs.50,000/- towards no fault liability and that amount is withdrawn by the claimants. The present Civil Application is dismissed accordingly. ( MRS MRIDULA BHATKAR, J.) amj/ca10709.11