1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATON NO. 13129 OF 2009 WITH CIVIL APPLICATION NO. 5781 OF 2010 IN FIRST APPEAL NO. 3153 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.V.N.Upadhye, Advocate for Applicant in C.A.No. 13129/09 and Resp.No.1 in C.A.No. 5781/10. Shri.S.S.Thombre,Advocate for resp. No.1 & 2 in C.A.No. 13129/09 and for applicant in C.A.No.5781/10) .... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 12TH OCTOBER,2010. PER COURT : 1. Heard learned counsel for the parties. 2. Mr. Upadhye, learned counsel for the applicant submits that the applicant- appellant had deposited Rs.25,000/- (Rupees Twenty Five Thousand) at first instance and thereafter an amount of Rs.15,26,608/-(Rupees Fifteen Lacs Twenty 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Six Thousand Six Hundred and Eight) in this Court on 03.04.2010. The learned counsel further submits that considering the nature of policy, under which the vehicle was covered, the claimants were not entitled to be reimbursed by the Insurance Company. 3. Mr. Thombre, learned counsel appearing for respondent Nos. 1 and 2 -Original claimants submits that the deceased was working in the District and Sessions Court, Beed as Junior Clerk. She had a minor son, when she died. The father of minor son, applicant No.1 though is looking after his son, is agriculturist and his financial condition is weak. The learned counsel further submits that for nourishment of child and household purposes amount is required, therefore, the applicants be allowed to 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders withdraw the amount. 4. After considering the facts and circumstances, submissions advanced by the learned counsel for the parties, we are of the view that some reasonable amount should be allowed to be withdrawn by the original claimants. O R D E R (i) The Registry of this Court is directed to deposit Rs.10,00,000/-(Rupees Ten Lacs) in a Fixed Deposit Scheme, in any Nationalized Bank, initially for a period of five years with a renewal clause. (ii) The applicant Balasaheb S/o Bhausaheb Deshmukh is permitted to withdraw remaining 4 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders amount along with accrued interest, if any, for himself and as guardian of minor son Anant Balasaheb Deshmukh, by furnishing solvent surety to the extent of Rs. 2,50,000/- (Rupees Two lacs and Fifty Thousand). (iii) Interim relief granted by this Court(Coram: S. B. Deshmukh and Shrihari P. Davare, JJ.) on 17.12.2009 to continue. . Both the Civil Applications are disposed of accordingly. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL,J.] MTK 5