1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH CIVIL APPLICATION NO. 7664 OF 2009 IN FIRST APPEAL NO. 630 OF 2009 Smt. Surekha w/o. Balaji Chikhalikar and others. - - - Applicants versus The New India Assurance Company Ltd. and others. - - - Respondents Shri P. D. Bachate, Advocate, holding for Shri S. S. Patil, Advocate for applicants. Shri Ajit Kadethankar, Advocate for respondents Nos.1 and 2. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 31st July 2009 PER COURT : 1. This is an application for withdrawal of the amount deposited by the appellants in this Court towards Judgment and Award passed by learned Member of the Motor Accident Claims Tribunal, Kandhar. 2. The application is vehemently opposed by Shri Kadethankar, learned Counsel appearing on behalf of the appellant. 3. However, taking into consideration the income of the 2 deceased at the time of his death, the loss of dependency and multimplier of at least ten would have to be applied in the present case. We find that the applicants are entitled to withdraw amount of Rs.25,00,000/- which is deposited in this Court. We find that if the decretal amount along with interest would have been required to be deposited in this Court, the same would have come to more than Rs.45,00,000/-. As such, the amount which is permitted to be withdrawn is above 60 per cent amount under Award. 4. Civil Application is, therefore, allowed. The applicants are permitted to withdraw the amount on furnishing an undertaking to this Court to the effect that at the stage of final hearing if it is found that the applicants/ appellants have withdrawn the amount than what they are entitled to, they would refund the said excess amount. 5. In so far as said application is concerned, post the matter after two weeks for further orders. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/ca766409