1 ca 12848.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12848 OF 2010 IN FIRST APPEAL NO. 1262 OF 2010 Datta Shriram Kadam and another .. Applicants Versus United India Insurance Co. Ltd. and another .. Respondents Shri S. S. Manale, Advocate for Applicants. Shri A. B. Gatne, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 08TH APRIL, 2011. PER COURT : . This is an application for withdrawal of amount deposited by the Insurance Company. The claim of the present applicant is allowed by the Commissioner Workmen's Compensation. The Insurance Company has challenged the same. Shri Gatne, the learned counsel for the respondent/Insurance Company submits that in fact, the claimants are not entitled for any amount in as much as the person whom the present applicants claimed to be 2 ca 12848.10 the employer has denied the relationship by filing the written statement to that effect. The salary certificate is also not proved, as the employer has not been examined. The learned counsel further contends that the insurance was under the farmers package policy and the vehicle was being used for commercial purpose. As such, the breach of the policy is committed and on that count also the Insurance Company is not liable. All these contentions raised by the respondent would be required to be considered at the time of final disposal of the appeal. 2. Today the award is in favour of applicants. It would be nobodies interest to keep the amount idle in the Court. At the same time the interest of the Insurance Company is to be safeguarded. In that light of the matter, the applicants are allowed to withdraw an amount of Rs. 1,32,000/- on furnishing solvent security of the like amount to the satisfaction of the Commissioner Workmen's Compensation, Latur. The remaining amount shall be kept in fixed deposit of any nationalized bank. The civil application disposed of. [ S. V. GANGAPURWALA, J. ] bsb/April 11