1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12129 OF 2010 IN FIRST APPEAL NO. 3084 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. N.P.Bangar, Advocate for the applicants. Mr. V.N.Upadhye, Advocate for resp. no. 1. ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 15/10/2010 PER COURT : 1. This is an application for withdrawal of the amount deposited by the Insurance Company. The Insurance Company has deposited amount of Rs. 4,29,000/- ( Rupees Four Lacs Twenty Nine Thousand only ). The applicants have been allowed to withdraw amount of Rs. 2,00,000/- ( Rupees Two Lacs only ) at the time of admission of the Appeal itself. The applicants have produced on record the medical expenses to be borne on account of the surgery of both the eyes of applicant no. 2. The Doctor’s certificate shows that the expenses to be incurred for the said surgery would be Rs. 60,000/- ( Rupees Sixty Thousand only ) . 2 2. Mr. V.N.Upadhye, the learned counsel for the Insurance Company vehemently opposed the application on the ground that the applicants are not entitled for any amount from the Insurance Company. In fact, the Insurance Company is not at all liable to pay any amount as it is the case of breach of policy and the deceased was travelling on the mudguard of the tractor, which is not permissible. 3. Prima facie, the Award is in favour of present applicant. The question about the breach of policy would be the subject of re-appreciation at the time of final adjudication of the Appeal. 4. Taking into consideration the exigencies of the circumstances and the fact that applicant no. 2 is required to bear the medical expenses, the applicants are allowed to withdraw amount of Rs. 60,000/- ( Rupees Sixty Thousand only ) on furnishing solvent security of the like amount. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 12129.10 in FA 3084.08