1 C. A. No. 18211/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 18211 OF 2010 IN FIRST APPEAL NO. 2151 OF 2010 Dadasaheb Bhanudas Zanje .. Applicant Versus The Manager Bajaj Allianz General Insurance Co. Ltd. Through Its Branch Manager and another .. Respondents Shri D. R. Jaybhar, Advocate for the Applicant. Shri P. C. Mayure, Advocate h/f S. G. Chapalgaonkar, Advocate for the Respondent No. 1. CORAM : K. K. TATED, J. DATE : 22ND DECEMBER, 2010. PER COURT : . Heard learned counsel Mr. Jayabhar for the applicant and learned counsel Mr. Mayure, for the respondent No. 1. The present civil application is preferred by the original claimant for withdrawal of amount of Rs. 1,76,913/- deposited by the Insurance Company in this Court. 2 C. A. No. 18211/2010 2. Learned counsel appearing on behalf of applicant/original claimant submits that on 01st April, 2008 the accident took place in which he sustained grievous injuries to his both legs and become unconscious. Thereafter, both the legs of the applicant were amputated and he became handicapped having 100% disability. He submits that it is very difficult for him to earn. 3. On the other hand learned counsel appearing on behalf of respondent/Insurance Company vehemently opposed the present civil application on the ground that there was delay on the part of applicant to file FIR. He submits that the accident took place on 01st April, 2008 and the FIR was lodged on 17th May, 2008. 4. Considering the submissions made by the learned counsel for the applicant and the avernments in the civil application, the civil application is allowed on following terms. a) The applicant is allowed to withdraw 50% amount deposited by the respondent No. 1/Insurance Company in this Court on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court. 3 C. A. No. 18211/2010 b) The Registry is directed to invest the remaining amount in any Nationalized Bank in fixed deposit initially for a period of three years and same to be continued till the hearing and final disposal of appeal. c) The civil application disposed of accordingly. [K. K. TATED, J.] bsb/Dec. 10