{1} Civil Application No.6921/2011 drp IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6921 OF 2011 IN FIRST APPEAL NO.1249 OF 2005 Dattatraya Vanaji Kothavade & others APPLICANTS VERSUS United India Insurance Company Ltd., & Anr. RESPONDENTS ....... Mr.V.P.Raje h/f Mr.C.R.Deshpande, Advocate for the applicants Mr.A.B.Gatane, Advocate for R-1 Insurance Company ....... [CORAM : A.V.POTDAR, J.] DATE: 5 th December 2011 PER COURT: 1. The applicants-original claimants, by this application have prayed to allow them to withdraw the amount of Rs. 12,45,000/- deposited by the insurance company in this Court. Heard. Learned counsel for respondent No.1 Insurance Company drew my attention towards the observations of the trial court. It is specifically observed by the trial court that no proof of income has been brought on record by the claimants. In the light of this, it will {2} Civil Application No.6921/2011 not be safe to allow the claimants to withdraw the entire amount as prayed for. However, considering the undisputed facts, that the victim has expired in an accident and the offending vehicle was insured with the appellant insurance company, at least notional income of the deceased shall be taken into consideration, which comes to Rs.3 lakh. In the light of this, the application is partly allowed. The applicants-claimants are allowed to withdraw Rs.3 lakh on their furnishing undertaking to the effect that the said withdrawal shall be subject to the final decision of the appeal. The applicants-claimants need not furnish any surety for the said withdrawal. Application is partly allowed accordingly. [A.V.POTDAR, J.] drp/B11/ca6921-11