1 15--caf.2901.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2901 OF 2010 IN FIRST APPEAL NO. 1309 OF 2008 Mr. Nalin C. Doshi and anr. ... Applicants Vs. United India Insurance Company Ltd. and anr. ... Respondents ------ Mr. Yogesh Pendse with mr. Sameer Mangaonkar for the Applicants. Mr. Ranjan Tripathi i/b Mr.S.M.Vidyarthi for Respondent No.1. ------ CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 11 th August, 2010. P.C. 1 Heard the learned counsel for the parties. 2 Although, this application is heard alongwith other two applications, in this case, the fact situation is slightly different. The issue of jurisdiction of the Mumbai Tribunal has not been raised in this matter. The Applicants therefore, pray that the amount deposited by the Insurance Company in a sum of Rs.9,10,346/- be allowed to be withdrawn 2 15--caf.2901.10 unconditionally. The learned counsel for the Insurance Company submits that in the pending appeal, issue regarding negligence and quantum will have to be considered. He further submits that the Applicants may at best be allowed to withdraw only 50% of the amount and remaining 50% be invested in a Fixed Deposit scheme in a nationalized bank. 3 We are not inclined to accept this argument of the Insurance Company. The Applicants have lost their family member, who was the only earning member in the family. The accident took place as back as in 1998. The Accident Tribunal has decided the claim on 31 st August, 2007. In our opinion, the Applicants cannot be denied of their legitimate claim, which has already been adjudicated by the Tribunal in their favour. The Applicants instead would be allowed to withdraw the amount on furnishing solvent security to the extent of the amount withdrawn by them. Besides furnishing solvent security to the satisfaction of the trial Court for the entire amount to be withdrawn by the Applicants shall file undertaking to the effect that they shall bring back the entire amount alongwith interest thereon, if any forthwith as and when the Court so directs. 4 On complying with the above two conditions, the Applicants be permitted to withdraw the amount in question. If the Applicants fail to comply with the above conditions, within four weeks from day, the trial Court shall invest amount in appropriate Fixed Deposit scheme in a nationalized bank. 3 15--caf.2901.10 5 Application disposed of on the above terms. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]