FARAD CONTINUATION SHEET NO IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. DISTRICT: AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s order Civil Application No.13317 Of 2009 In First Appeal No.53 Of 2005 ----- 1) Heard counsel for the applicant. 2) This is an application seeking withdrawal of the amount deposited by the Insurance Company towards compensation payable to the claimants. On perusal of the record it transpires that the deceased was travelling in a goods vehicle. As such the defence raised by the Insurance Company in respect of liability covered by the insurance policy needs to be considered. 3) Considering the circumstances involved in this case, the amount deposited by the Insurance Company shall be invested in fixed deposit 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 the stay to the judgment and award is operative only so far as it relates to the liability cast on the Insurance Company and the claimants would be entitled to execute the award against the owner of the vehicle. 4) The Civil Application stands disposed of. (R.M. BORDE, J.) Dated: 5th February 2010 rsl/ ca.13317.09