1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.37 OF 2010 IN FIRST APPEAL NO.1522 OF 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 27.08.2010. 1. This is Civil Application for withdrawal of the amount deposited by the Insurance Company, pursuant to the order of this Court. The Tribunal has awarded compensation of Rs. 2,00,000/- (Rupees two lacs) with interest at the rate of Rs.9% p.a. to the present applicant/original claimant. It is the case of the claimant that apart from the amount under No Fault liability, he has not received any amount. He is in need of the amount. The applicant has no source of income. 2. Mr.Deshpande, learned counsel for the Insurance Company vehemently opposes the application and submits that the fundamental breach of the policy has been proved and if once the amount is released it will not be possible to recover the amount. 3. The Tribunal has already passed an order as against the Insurance Company to pay the amount to the claimant and then recover from the insurer. The Insurance Company has remedy open to execute against the said insurer. The interest of justice would sub-serve if the applicant is allowed to withdraw 50% amount deposited in this Court on furnishing solvent surety of the like amount. 4. In light of the above, the Civil Application is allowed to the extent that the applicant is entitled to withdraw 50% of the amount deposited by the Respondent Insurance Company in this Court on furnishing solvent surety of the like amount. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.27.08.2010. asp/office/Ca37.10