1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO. 10462 OF 2009 IN FIRST APPEAL NO. 472 OF 1995 1. Jayashree Narendra Katariya, age 28 years, occ. household, 2. Ku. Shweta Narendra Kataria, age 20 years, occ. education, 3. Niraj s/o. Narendra Kataria, age 19 years, occ. education, 4. Premilabai Pannalal Katariya, age 65 years, occ. household, 5. Pannalal s/o. Hiralal Katariya, age 66 years, occ. nil., All r/o. Brahman Galli, Maliwada, Ahmednagar. - - - Applicants versus 1. United India Insurance Company Ltd., Kisan Kranti Building, Market Yard, Ahmednagar. 2. Somnath Damodhar Kale, age major, occ. business, R/o. Kotula, taluka Akola, Sangamner, dist. Ahmednagar. 3. Vinayak Dattatraya Wakchawre, age 24 years, occ. driver, R/o. Kalas, tal. Akola, Dist. Ahmednagar. Respondents 2 Shri Anil H. Kasliwal, Advocate for the applicants. Shri S. V. Kulkarni, Advocate for respondent no.1. Shri C. K. Shinde, Advocate for respondent No.6. Respondent No.7 served. CORAM: N. D. DESHPANDE, J. Dated : 19th November 2009 PER COURT: 1. Here is an application for withdrawal of the amount of Rs. 2,67,000/- filed by the applicants pending hearing of the First Appeal. It is admitted by Shri A. H. Kasliwal, learned Counsel for the applicants/ claimants that so far they have received Rs. 1,50,000/- and also Rs.25,000/- of no fault liability amount before that. 2. Now, the first appeal is finally disposed of and interest is also directed to be paid to the claimants from the date of their petition. The earlier claim was allowed with the interest thereon at the rate of 12 % p.a. and the appellants are now allowed interests @ 9 % p.a. on the amount additionally granted in appeal. Thus, Insurance Company shall comply the orders of this Court in the light decision 3 of an of appeal of the applicant being partly allowed and in view of terms mentioned therein. As such, civil application filed pending first appeal has no force and parties are at liberty to file separate application for the total amount now found due and recoverable from the Insurance Company pursuant to the decision of this appeal. At the same time, Insurance Company should also file pursis on record as to how much amount now become due and payable to the claimants after decision of this appeal. After receiving the said information and Insurance Company's readiness to make the payment, the request of the claimants for withdrawal of the amount will be considered. 3. Parties are directed to comply with the above directions at the earliest. However, it is made clear that the claimants shall be at liberty to proceed for execution in accordance with law. ( N.D.DESHPANDE, J. ) pnk/ca1046209