1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1985 OF 2009 IN FIRST APPEAL (ST.) NO.4114 OF 2008 Smt.Lilavati M. Shah & Ors. ....Applicants V/s. The New India Assurance Co.Ltd. & Anr. ....Respondents Mr.M.B. Kotak for the Applicants. Mrs.U.K. Sanil for the Respondents. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 5TH MAY, 2009. P.C. : 1. Heard Mr.Kotak, the learned counsel for the Applicants and Mrs.Sanil for the Respondent – insurer. 2. The insurer has already deposited an amount of Rs.23,54,296/- with the M.A.C.T. at Mumbai, being the total amount of the award dated 1.3.2007. The said award was the subject matter of two different appeals before this Court i.e. First Appeal (Stamp) No.4114 of 2008 and First Appeal (Stamp) No.20123 of 2008. Both the appeals came to be dismissed for some or other reasons. 3. The present Applicants who are the original claimants filed 2 Miscellaneous Application No.77 of 2009 in the Claim Application No.2066 of 2000 before the Claims Tribunal and prayed for the withdrawal of the award amount as deposited by the insurer. This application came to be rejected by the Claims Tribunal on 22.4.2009 solely on the ground that the award amount was deposited as per the order of this Court and though the appeals came to be dismissed, it would be proper for the Applicants to approach this Court for getting the directions for withdrawal of the amount. 4. When no lis is pending before this Court as of now against the award passed by the Claims Tribunal on 1.3.2007, it is for the Tribunal to decide an application for execution of the award and if the fresh execution proceedings are taken out by the claimants for execution of the award dated 1.3.2007, we make it clear that the same will have to be decided by the Claims Tribunal on its own merits and in keeping with the terms of the award, including the withdrawal of the award amount either partly or fully. 5. With these clarifications, we dispose off the application. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)