{1} ca671411.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6714 OF 2011 IN FIRST APPEAL NO.1319 OF 2010 Guntabai wd/o Madhukar Dhangar and others Applicants Versus Oriental Insurance Co. Ltd. and another Respondents Mr.P.N.Kutti, advocate for applicants. Mr.Dhananjay Deshpande, advocate for respondent no.1. CORAM : R.M.BORDE, J. DATE : 17 th June, 2011 PER COURT: This is an application seeking withdrawal of amount deposited by appellant-Insurance Company in this Court. Shri Dhananjay Deshpande, learned Counsel for Insurance Company has invited my attention to the petition tendered by applicants under Section 166 of the Motor Vehicles Act before the Tribunal, wherein applicants herein – original claimants stated that the deceased was travelling in a truck, which is a goods carriage vehicle. In the case of an accident, so far as liability of Insurance Company is concerned, the insurer is not supposed to reimburse the owner, in the event the deceased or injured was travelling in a goods carriage vehicle, even as a gratituous passenger. Considering the law laid down by the Apex Court, I am of the view that the insurer is not supposed to reimburse the owner in {2} ca671411.odt respect of liability towards payment of amount of compensation. The claimants shall have liberty to recover the amount from the owner. In this view of the matter, the amount deposited by the Insurance Company shall be deposited in Fixed Deposit, in any Nationalised Bank, initially for a period of three years and the Fixed Deposit Receipt shall be renewed thereafter until disposal of the appeal. It is clarified that stay to the impugned award granted earlier is restricted only to the appellant-Insurance Company and claimants have liberty to execute the award as against owner of the vehicle. Civil Application stands disposed of. Record & Proceeding, received in this Court, shall be transmitted to the Tribunal forthwith. R.M.BORDE adb/ca671411 JUDGE