1 ca 4483.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4483 OF 2011 IN FIRST APPEAL NO. 754 OF 2011 Meerabai Walmik Patange and others .. Applicants Versus New India Assurance Co. Ltd. A'bad through Divisional Manager and ors. .. Respondents Shri A. L. Tikle, Advocate for Applicants. Shri S. G. Chapalgaonkar, Advocate for the Respondent No. 1. Shri M. B. Kolpe, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA, J. DATE : 26 TH APRIL, 2011. PER COURT : . This is an application for withdrawal of amount deposited by the non applicant. The first appeal is admitted. Shri Chapalgaonkar, the learned counsel states that it’s a case of contributory negligence and the driver of the vehicle was not added as party and it is non compliance of the rules. The accident is not disputed. The dispute would revolve around the 2 ca 4483.11 extent of liability of the appellant and not even quantum. Even accepting best case of the non applicant/Insurance Company, the applicants would be entitled for some amount as per the award passed by the Tribunal. Some amount is to be kept in the fixed deposit in the name of minors and applicant No. 1 jointly. In the result I pass the following order. O R D E R I) The applicant No. 1 is allowed to withdraw an amount of Rs. 3,00,000/- (Rs. Three Lakh only) and the applicant No. 5 is allowed to withdraw an amount of Rs. 1,00,000/- (Rs. One Lakh only) on furnishing an undertaking before the Tribunal that in case the appeal is allowed and they are required to deposit the amount, they would redeposit the same within one month. II) Rest of the amount be kept in fixed deposit of any nationalized bank. III) The civil application disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11