FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9271 OF 2009 IN FIRST APPEAL NO. 348 OF 1994 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is taken out in first appeal No. 348 of 1994, for withdrawal of the amount of Rs.1,25,000/- together with interest accrued thereon. The applicants are original claimants, who filed M.A.C.P. No. 125 of 1991, claiming compensation on account of death of Iliyas Mohd. Yusuf. By the judgment and award dated 30.4.1994, the applicant's claim was partly allowed to the extent of Rs.1,73,000/- as against the claim of Rs.4,00,000/-. Being aggrieved by the judgment and award, the applicants preferred first appeal No. 725 of 1994 and the respondent No.1 herein New India Assurance Company Limited preferred first appeal No. 348 of 1994. By common judgment and order dated 31.8.2009, this Court (R.K. Deshpande, J.) dismissed the first appeal No. 348 of 1994 preferred by the New India Assurance Co. Ltd. and the first appeal No.725 of 1994, preferred by the claimants was allowed, holding that the respondents therein are jointly and severally liable to pay Rs.4,00,000/- alongwith interest @ 12% p.a. from the date of petition i.e. from 27.3.1991, till its realization to the claimants. Shri. Bedre, learned counsel, in support of this application submitted that the Insurance company viz. M/s. New India Assurance Company Ltd. deposited Rs.1,25,000/- in this Court, which has been invested in fixed deposit. In view of the disposal of the first appeal, the applicants pray for withdrawal of the amount of Rs.1,25,000/- together with interest accrued thereon. After hearing learned counsel for the parties, in my opinion, the applicants are entitled to withdraw the amount of Rs.1,25,000/- together with interest accrued thereon. Hence, civil application is allowed in terms of prayer clause "B" with no order as to costs. (R.G. KETKAR, J.) Date:16.11.2009. rlj/