1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 740 Of 2010 In FIRST APPEAL NO. 1129 OF 2009 Oriental Insurance Co. Ltd. Vs. Rajiv Suresh Pagarwar & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri A. M. Qazi Adv for appellant. Shri R. K. Thakkar Adv for respondent-1. CORAM:_ C. L. PANGARKAR J. Dated: 26 th APRIL, 2010. . Heard counsel for the appellant and the respondents. Appellant Insurance Company has preferred this appeal against the award passed by the Motor Accident Claims Tribunal. Petitioners seek to withdraw the amount deposited by the appellant Insurance Company in this Court. The appeal has already been admitted. After having gone through the judgment of the Tribunal it is seen that the Tribunal has in fact found that jeep was being used for carrying passengers from one place to another on payment of hire 2 charges. With this finding it would not be appropriate at this stage to pay any amount to the petitioner. Petitioner is however at liberty to recover the amount from the owner of the vehicle. JUDGE svk 3 4 5