1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9360 OF 2010 IN FIRST APPEAL NO. 2525 OF 2009 Kayyum Abdul Pathan .. Applicant Versus National Insurance Co. Ltd. and others .. Respondents Shri P. F. Patani, Advocate for the Applicant. Shri S. V. Kulkarni, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . This is a civil application for withdrawal of amount. The claimant had filed petition before the Motor Accident Claims Tribunal for compensation on the count of 45% disability he suffered in the accident. The same came to be allowed. The present non applicant No. 1 has challenged the said award. The appeal has been admitted by this Court. Pursuant to the orders passed by this Court, the non applicant No. 1 has deposited an amount of Rs. 6,07,671/-. 2 2. Heard Shri Patni, learned counsel for the applicant and Shri Kulkarni, learned counsel for the Insurance company. Shri Kulkarni submits that it is a case of contributory negligence and the compensation that has been awarded is also exorbitant. It is not a case of breach of policy or the applicant himself responsible for the accident. 3. In such circumstances I allow the applicant to withdraw an amount of Rs. 3,50,000/-. In the result I pass following order : I. The applicant is allowed to withdraw an amount of Rs. 2,00,000/- (Rs. Two lacs only) on furnishing an undertaking on affidavit that if the appeal is allowed the applicant shall deposit the said amount within one month from the date of order. II. The applicant further is allowed to withdraw an amount of Rs. 1,50,000/- (Rs. One lac Fifty thousands only) on furnishing solvent security of the like amount. The civil application is accordingly disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10