1 CA No.3103 of 2010 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVILL APPELLATE SIDE CIVIL APPLICATION NO. 3103 OF 2010 IN FIST APPEAL NO. 342 OF 2010 Sou. Janabai K. Patil ... Applicant Versus The Oriental Insurance Company Ltd. ... Respondents Mr. Nagesh Chavan, Advocate for the applicant. Mrs. Anita Agarwal, Advocate for respondent. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : MARCH 22, 2011 P.C. 1. This application is by the original claimants for withdrawal of 50% of the amount of compensation deposited by the respondent insurance company. Mrs. Agarwal, the learned counsel for the respondent requests that in view of the challenge by the respondent insurance company to its liability to pay compensation on account of breach of the terms and conditions of the insurance agreement, condition of furnishing security be imposed upon the applicants. Mr. Chavan, the learned counsel for the applicant/claimants submits on the other 2 CA No.3103 of 2010 hand that considering the acute hardship faced by teh applicants, the permission for withdrawal be without any conditions. He states that applicant no. 2 the father of the deceased is suffering from paralysis and the other claimants being mother and widow of the deceased have no occupation. 2. Taking an overall view of the matter, in my opinion, the interest of justice would be served if the applicants and the widow of the deceased are permitted to withdraw the amount by furnishing the security for 50% of the amount of withdrawal. The security to be furnished will be to the satisfaction of the tribunal. Hence, the civil application is disposed off with the following order : Both the applicants are at liberty to withdraw the amount of Rs.97,000/­ each with interest accrued thereon on they furnishing security to the satisfaction of the tribunal for the 50% of that amount i.e. for Rs.48,500/­. Respondent no. 3 is at liberty to withdraw the amount of Rs.1,94,000/­ with the interest accrued thereon on furnishing security to the satisfaction of the 3 CA No.3103 of 2010 trial court in the sum of Rs.87,000/­. The balance amount will be invested in fixed deposit pending the hearing of the appeal. [Judge]