1 C.A. No. 10732.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 10732 OF 2010 in FIRST APPEAL NO. 718 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 18th March, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount deposited by the Insurance Company. The Award has been passed for an amount of Rs. 31,15,535/- (Rs. Thirty one lakhs fifteen thousand five hundred thirty five). The Insurance Company has deposited the said amount in the Court. 3. Shri Patni learned counsel for applicant states that the Tribunal after appreciation of evidence has come to the 2 C.A. No. 10732.10 conclusion that the claimants are entitled for the said amount and the theory of contributory negligence, as advanced by the present non applicants was negatived and prays for withdrawal of the said amount. The learned counsel further submits that there is no male member in the family and applicants Nos. 2 & 3 are minors. The amount is also required for their education. 4. Shri Gatne, learned counsel for non applicant states that if the theory of contributory negligence is accepted, then the claimants would be entitled for amount of Rs. 8,00,000/- (Rs. Eight lakhs), and if the theory of contributory negligence is negatived the claimants would not be entitled for amount more than 16,00,000/- (Rs. Sixteen lakhs). If the amount more than Rs. 8,00,000/- (Rs. Eight lakhs) is allowed to withdraw by them and subsequently the appeal is allowed, then the Insurance Company will not be in a position to recover the amount, and the said amount is required to be safeguarded. 3 C.A. No. 10732.10 5. Taking into consideration the rival contentions, I deem it appropriate to pass following order. ORDER A] The applicant No. 1 is allowed to withdraw an amount of Rs. 6,00,000/- (Rs. Six lakhs) and applicant Nos. 2 to 5 are allowed to withdraw an amount of Rs. 1,00,000/- (Rs. One lakh) each. The applicant No. 1 shall submit an undertaking to the effect that in case the applicant is directed to deposit Rs. 2,00,000/- (Rs. Two lakh), the same would be deposited within one month. B] Civil Application is disposed of accordingly. ( S.V. GANGAPURWALA, J. ) SDM*