1 C.A. No.18212.10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 18212 OF 2010 in FIRST APPEAL NO. 1844 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.V. GANGAPURWALA, J. DATED : 25th March, 2011 PER COURT : 1. Heard. 2. This is an application for withdrawal of the amount deposited by the Insurance Company. 3. Shri Upadhye, learned counsel for respondent No. 2 submits that in the said policy, the risk of the passengers was not covered. In that light of the matter, Insurance Company would not be liable for 2 C.A. No.18212.10 amount of compensation, and the said issue is pending before the larger bench of the Apex Court. However, the applicants have not received any amount of compensation under Section 166 of the Motor Vehicles Act. In that view, I pass following order. ORDER A. The applicants are allowed to withdraw 50% amount deposited by the Insurance Company i.e. Rs. 3,30,000/- (Rs. Three lakhs thirty thousand) on furnishing solvent security of the like amount to the satisfaction of the Tribunal. The said amount of Rs. 3,30,000/- (Rs. Three lakhs thirty thousand) be transmitted to the Tribunal forthwith. The remaining amount deposited by the respondent No. 2 / Insurance Company be invested in fixed deposit in any Nationalized Bank. B. The amount of Rs. 3,30,000/- (Rs. Three lakhs thirty thousand) is allowed to be 3 C.A. No.18212.10 withdrawn by the applicants in the proportion in which the Award is passed. 4 The Civil Application is disposed of. ( S.V. GANGAPURWALA, J. ) SDM*