1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 3319 OF 2010 IN FIRST APPEAL NO.697 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. N.B. Narwade, Advocate for applicants. Shri. P.S. Kosthi, Advocate h/f Smt. S.S. Jadhav, Advocate for respondent. .... CORAM: K.K. TATED, J. DATE : 23RD NOVEMBER, 2010 . Heard the learned Counsel for the applicants and for the respondent. 2. Present Civil Application is preferred by the original claimants for withdrawal of sum of Rs.1,25,000/- (Rs.One lac twenty five thousand only) with interest deposited by the respondent in this Court as per order dated 16-10-2009 in C.A. No. 4168/2009. 3. The respondent preferred First Appeal against the judgment and award dated 20-01-2009 passed by the M.A.C.T. 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Ahmednagar in M.A.C.P. No.166/2006 by which compensation of Rs.4,77,000/- (Rs. Four lac seventy seven thousand only) inclusive of No Fault Liability amount was awarded in favour of original claimants. The original respondent preferred C.A. No. 4168/2009 in which this Court by order dated 16-10-2009 directed to deposit the amount of Rs. 2,50,000/- in this Court. The respondent deposited the said amount in this Court. 4. Thereafter, the applicants-original claimants preferred C.A. No.12437/2009 for withdrawal of entire amount. At that time, this Court by order dated 07-12-2009 allowed to withdraw 50% of the amount deposited by the respondent in this Court. 5. The learned Counsel appearing on behalf of the applicants-original claimants stated that applicant No.2 Latabai requires further amount for her medical treatment and in support of that, he relied on certificate dated 26-02-2010 issued by Lokmanya Hospital, Shevgaon. He submits that it is not possible for 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders the applicants to take medical treatment for want of money. 6. The learned Counsel appearing on behalf of the respondent opposed this application on the ground that if the entire amount is allowed to be withdrawn,then nothing survives in the present appeal. 7. Admittedly, the Tribunal awarded compensation of Rs.4,77,000/- to the applicants alongwith interest @ 9% p.a. This Court by order dated 16-10-2009 directed the respondent to deposit sum of Rs.2,50,000/- i.e. near about 50% of compensation awarded in favour of the original claimants. 8. The learned Counsel appearing on behalf of the applicants stated that the applicants are ready to furnish surety to the satisfaction of the Registrar (Judicial) of this Court for withdrawal of sum of Rs.1,25,000/- (Rs.One lac twenty five thousand only) alongwith interest. 4 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 9. Considering the facts and circumstances of the present case and averments made in Para-4,5 and 6, Civil Application is allowed in terms of prayer clause (B), which reads as under : "(B) The applicants may kindly be permitted to withdraw the amount of Rs.1,25,000/- with interest deposited by the respondent in this Hon'ble High Court and to that extent necessary direction may kindly be issued." . For withdrawal of amount of Rs.1,25,000/- alongwith interest, the applicants to furnish surety to the satisfaction of the Registrar (Judl.) of this Court. Civil Application is disposed of accordingly. [K.K. TATED,J.] sut/NOV10/ca3319.10