1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Civil Application No.8290 Of 2010 In First Appeal No.2427 Of 2009 Mahananda w/o Gopal Chame And Others. ... Applicants. Versus Reliance General Insurance Co.Ltd. And Another. ... Respondents. -------- Shri. N.D. Kendre Advocate for applicants. Shri. S.G. Chapalgaonkar, Advocate for respondent No.1 -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 18th JUNE, 2010 PER COURT : 1) Heard. 2) Perused the judgment and order. Considered the submissions advanced. The learned counsel for the applicants has placed 2 reliance on reported judgment in National Insurance Co.Ltd. v. Kusum Rai, AIR 2006 SC 3440(1). We have perused the said judgment. 3) It is submitted by the learned counsel for the appellant that the driver of the vehicle did not possess appropriate licence. There is breach of policy. Therefore the Insurance Company is not liable to pay. 4) The appellant has deposited Rs. 25,000/- and thereafter deposited Rs. 2,62,198/-. Considering the submissions advanced by way of interim relief we pass following order. 5) Rupees one lac be paid to the applicant No.1 – Mahananda without surety. The Registry is directed to invest the rest of the amount in any Nationalized Bank at Aurangabad initially for a period of three 3 years and renewable from time to time till disposal of the appeal. The applicant Mahananda shall be entitled to receive quarterly interest accrued on the said amount. The applicant shall provide bank account number. The Bank shall transmit the interest accrued to the account of the applicant until further orders. 6) The civil application is disposed of. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ ca.8290.10