FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 904 CIVIL APPLICATION NO. 9939 OF 2011 ,In FA/4270/2008 RUKSANA AMIRODDIN AND ORS VERSUS NATIONAL INSURANCE CO LTD. AND ANR ... Advocate for applicants : Mr. P.C. Mayure h/f Mr. Chapalgaonkar S.G. Advocate for Respondent(s) : Mr. S.V. Kulkarni ... CORAM : R.M. BORDE, J. Dated: August 29, 2011 ... 1 This is an application seeking withdrawal of amount of Rs. 1,06,180/- deposited by the insurance company in this court. 2 It is informed that earlier the applicants were permitted to withdraw sum of Rs. 50,000/- on furnishing undertaking to this court . It is contended by learned counsel appearing for the respondent / insurance company that the contentions raised in the claim petition are in respect of contributory negligence. Even assuming that the driver of the vehicle in which deceased was travelling has contributed to occurrence of the accident, the insurance company can not escape the liability in respect of payment of 50% of the amount. 3 In this view of the matter, applicants FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ shall be permitted to withdraw the amount as requested. Application is therefore allowed. Applicants are permitted to withdraw an amount of Rs. 1,06,180/- deposited by the insurance company in this court on furnishing an undertaking to the Registrar to the effect that in the event of success of appeal, the claimants would re-deposit the amount within a period of eight weeks thereafter. Observations made by this court while disposing of the instant civil application are of prima facie nature. Civil application stands disposed of. ( R.M. BORDE, J. ) dyb