1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 58. CA/3369/2010 In FA/267/2010 WITH CA/1698/2010 In FA/267/2010 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.Dheple S.R., Adv., for the applicant. Mr.Kakade, Adv., for respondent No.1. ... CORAM: K.U.CHANDIWAL, J. DATE:12-3-2010 P.C.:- 1. Heard. The appeal is already fixed for final hearing at admission stage on 9th June, 2010. R & P called. 2. A request is made by the claimant for withdrawal of the amount by application No. 3369/2010. Mr.Kakade, Counsel, points out, the liability to the appellant United India Insurance Co.Ltd. could not have been saddled as the travel by the 2 deceased was in a goods vehicle, there was breach of the terms of the policy, he was not passenger carrying goods as he was travelling to attend funeral of his other relations. Mr.Kakade, Counsel, submits on merits the Insurance Company may not be liable to answer the award. He has opposed to entertain the application, to release the amount of Rs.3,00,000/- as sought by the claimants. 3. Though prima facie I find substance in what the Counsel for the appellant has stated, however, the order under challenge being subject to testing, the rights accrued to the claimants should not be squeezed beyond certain limits. The claimants are naturally wandering for fruits of the award. Hence, the balance is struck as under: From the amount of Rs. 3,25,000/- the claimant to receive Rs.2,00,000/- (Rs. two lacs) from the amount deposited in this Court 3 on furnishing surety to the satisfaction of Registrar ( Judicial). Balance amount be invested in a fixed deposit in a Nationalized Bank. Application (No.3369/2010) allowed to the extent as above. (K.U.CHANDIWAL) JUDGE agp/3369-10ca