1 ca 4531.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4531 OF 2011 IN FIRST APPEAL NO. 294 OF 2010 Sherkhan Amirkhan Pathan .. Applicant Versus Bajaj Alianz General Insurance Co. Ltd. and another .. Respondents Shri Sachin S. Deshmukh, Advocate for the Applicant. Shri P. C. Mayure, Advocate h/f Shri S. C. Ghapalgaonkar, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 08TH APRIL, 2011. PER COURT : . This is an application for withdrawal of amount. The award has been passed by the Tribunal for Rs. 6,93,500/-. The Insurance Company has deposited an amount of Rs. 3,50,000/- in this Court. Shri Mayure, the learned counsel states that the applicant himself has admitted that he was earning Rs. 100/- per day, but still the Tribunal granted exorbitant amount, so also 2 ca 4531.11 disputes the fact that driver had valid driving license. 2. These are the aspects to be considered at the time of final hearing. The award is in favour of applicant. Even if it is considered that the applicant was earning Rs. 100/- per day, still he is entitled for the amount. 3. The applicant is allowed to withdraw an amount of Rs. 1,00,000/- on furnishing undertaking that in case the appeal is allowed, the applicant would deposit the amount within one month. The applicant is allowed to withdraw the remaining amount on furnishing solvent security of like amount. The civil application is disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11