1 caf4044 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4044 OF 2011 IN FIRST APPEAL NO.1737 OF 2008 Seema Manohar Sonawane & Ors. ...Applicants vs. Pushpa Narayan Pawar & Ors. ...Respondents Mr.Chetan Damre h/f Mr.Sagar Kasar for the applicants Mr.M.S.Karnik for the respondent nos.1 and 2 Ms Urmila Sanil for respondent no.7 CORAM : A.S.OKA,J. DATE : SEPTEMBER 30, 2011 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for respondent nos.1 and 2. This is an application by original claimants in claim petition filed under section 166 of the Motor Vehicles Act,1988. The respondent nos.1 and 2 are the opponent nos.1 and 2 who are the appellants. They have been held liable to pay 30% of the total amount. The only challenge in the appeal is that the Award should have been made against the insurer. Therefore, even if the applicants withdraw the amount deposited by the respondent nos.1 and 2, in the event of success in the appeal, the respondent nos.1 and 2 can always recover the said amount from the insurer by executing the same Award. 2 Hence, application is disposed of by passing the 2 caf4044 following order : i) Subject to what is observed above, application is allowed in terms of prayer clause (a). ii)The order of disbursement/distribution of the amount to the claimants shall be passed by the Tribunal after hearing the parties. iii)Withdrawal shall be permitted only after the applicants file an undertaking before the Tribunal that if at the time of final hearing of the appeal, a direction is issued to that effect, the applicants shall restitute the amount with appropriate rate of interest. JUDGE