1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 14101 OF 2010 IN FIRST APPEAL STAMP NO. 7916 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders CORAM : S.V. GANGAPURWALA, J. DATE : 22/10/2010 PER COURT : 1. This is an application for withdrawal of amount filed by the claimants . The claim petition filed by the applicants came to be allowed. The Insurance Company has preferred Appeal. Pursuant to the orders passed by this Court, respondent no. 1 - the Insurance Company has deposited amount of Rs. 3,94,574/-. 2. Mr. Kulkarni, the learned counsel for the Insurance Company opposed the application on the ground that the stationery vehicle was hit and the question is about negligence. 3. Taking into account the defence raised, even if 50 % negligence would be attributed to the deceased, then in that case also there will not be any impediment to allow withdrawal of 50 % 2 amount. 4. In light of the same, the applicants are allowed to withdraw 50 % of the amount on furnishing an undertaking that they would deposit the amount if the Appeal is allowed within one month of the Judgment and Order passed by this Court. 5. 50 % of the amount allowed to be withdrawn shall be distributed amongst all the claimants as per the apportionment done by the Tribunal in this Award and the amount coming to the share of the minors, shall be kept in Fixed Deposit. [ S.V. GANGAPURWALA ] JUDGE knp/CA 14101.10 in FA St. 7916.2010