1 CA 9085.2010 in FA 357.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9085 OF 2010 IN FIRST APPEAL NO. 357 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.W.Jawale, Advocate for the applicant. Mr. S.V.Kulkarni,Advocate for the respondent. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 21/03/2011 PER COURT : 1. This is an application filed for withdrawal of the amount deposited by the Insurance Company. 2. Mr. Jawale, the learned counsel for the applicant submits that in fact the Insurance Company has deposited only 50 % of the amount as awarded by the Tribunal and in such circumstances even if the case of the appellant – 2 CA 9085.2010 in FA 357.2011 Insurance Company is accepted, the Insurance company is liable to pay amount under the Award. 3. Mr. S.V. Kulkarni, the learned counsel for the respondent – Insurance Company submits that the Tribunal has not considered the concept of contributory negligence and the Insurance Company would not be liable. 4. The only dispute is with regard to the quantum of compensation. Even if the case of the Insurance Company is accepted that of contributory negligence, still the claimant would be entitled for the amount deposited. 5. In that light of the matter, I pass the following order : i) The applicants are entitled for withdrawal of amount of Rs. 4,00,000/- ( Rupees Four Lacs only) on submitting an undertaking to the Court that in case the Appeal is allowed, they shall deposit the said amount in this Court within the period of one ( 1) month from the date of such order of this Court. ii) The applicants are entitled to withdraw the amount of Rs. 4,00,000/- ( Rupees Four Lacs only) 3 CA 9085.2010 in FA 357.2011 on furnishing solvent security of like amount. The Civil Application is disposed of. [ S.V. GANGAPURWALA,J. ] KNP/CA 9085.2010 in FA 357.2011