(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 3420 of 2010 (In First Appeal Stamp No. 33443/2004) 1. Raghunath Amrut Badgujar, .. Applicants 2. Sumanbai Raghunath Badgujar. (Original claimants) versus 1. United India Insurance Co. Ltd., Through its Divisional Manager & Authorized Representative & Signatory, .. Respondents Jalgaon Divisional Officer, (Original appellant Mansing Market , Opp. Atul Dairy, & Original Jalgaon. Respondent Nos.3, 4 & 5) 2. Sarlabai w/o. Anant Badgujar. 3. Farukh Mohammad Gaffar. 4. Rafik Shah Natthu Shah. ....................... Mr. G.V. Mohekar, Advocate, for the applicants. Mr. A.B. Gatne, Advocate, for non-applicant no.1. Non-applicnat nos.3 and 4 deleted. ........................ (2) CORAM : K.U. CHANDIWAL, J. DATE : 24TH MARCH 2010 COURT'S ORDER : 1. The original claimants have urged to release additional amount of Rs. 12,500/- deposited by the appellant, Insurance Company. 2. This exercise has been deprecated and strictly opposed by Mr. A.B. Gatne, learned Counsel appearing for non- applicant no.1 (appellant), pointing out the calculation of the age of the applicant being 70 years or 65 years, the multiplier could not oscilate beyond 4 or 5. The learned Judge has, though considered the notional income, has erred in complying the multiplier and also about the ultimate award. It is informed, the widow has re-married and now claim only will be for parents. Mr. Gatne, learned Counsel, submits that in any eventuality, the claim / award would not be beyond Rs. 60,000/- or Rs. 65,000/- and according to him, already there being withdrawal of Rs. 50,000 plus Rs. 12,500/-, this application needs rejection. 3. Though these submissions are vehemently averred, however, the financial position of the parents need not be (3) obliterated and left to winds. The contention, that the claimants would be entitled to only amount of Rs. 60,000/- or 65,000/- naturally, at this stage, would more lien to surmises than the ground realities. In the result, request for release of additional amount of Rs. 12,500/- can not be said to be unjust. At the most, security can be taken from the claimants. 4. Hence, the application is allowed. The amount of Rs. 12,500/- be released in favour of the applicants. The cheque be issued in favour of applicant no.1, Raghunath Amrut Badgujar, on his furnishing security to the satisfaction of the learned Registrar (Judicial) of this court. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/ca3420