1 CAF : 967/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.967 OF 2011 IN FIRST APPEAL NO.1251 OF 2009 Smt. Sunanda V. Gharal & Ors. .... Applicants Vs. M/s G.c. Freight Carriers & Ors. .... Respondents Mr. M.B. Kotak, Advocate for applicants. Mr. T.J. Mendon, Advocate for respondents. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 24th March, 2011 P.C. 1. This civil application for withdrawal of amount by the claimants is filed in the appeal by the owner of the vehicle involved in the accident. The only question raised in the appeal is about the liability of the insurer to pay compensation on account of the accident. The Tribunal has absolved the Insurance Company from payment of compensation on the ground that the deceased was a gratuitous passenger in the vehicle. Mr. Kotak, the learned 2 CAF : 967/2011 counsel for the applicants submits that since the only dispute raised in the appeal is, the liability of the insurer, there can be no impediment in the claimants withdrawing the entire amount awarded to them. I find substance in the submission of Mr. Kotak. Since there is no disputes as regards quantum of compensation paid and the dispute is only between the insured and insurer, the civil application is allowed. The applicants are at liberty to withdraw the amount deposited in this Court in the same proportion as given in the impugned judgment and award. However, the amount of Rs.50,000/- received by the applicants towards no fault liability will be deducted from the share of applicant no.1, the widow. Thus applicant no.1 is at liberty to withdraw the amount of Rs. 2,68,000/- along with the interest accrued thereon. The amount of Rs.2,00,000/- each together with the interest accrued thereon be invested in the names of applicants no. 2 and 3, who are minors, until such time each attains the age of majority. Applicants no. 4 and 5 are at liberty to withdraw the amount of Rs.50,000/- each together with the interest accrued thereon. ( Smt. R.P. SondurBadlota, J.)