1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 7417 OF 2010 IN FIRST APPEAL NO. 1046 OF 2009 Ranjana w/o Sahebrao Adkine & ors. ...Applicants VERSUS Oriental Insurance Co. Ltd. Through its Sr. Divisional Manager & anr. ...Respondents ..... Shri S.B. Ghatol Patil, advocate for the applicants Shri R.F. Totla, advocate for respondent no.1 Shri M.P. Kale, advocate for respondent no.2 ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 7 th February, 2011 PER COURT : 1 Heard Shri S.B. Ghatol Patil, advocate for the applicants. 2 Issue notices to the respondents. Shri R.F. Totla, advocate waives service of notice for respondent no.1 and Shri M.P. Kale, advocate waives service of notice for respondent no.2. 2 3 I have admitted the First Appeal today by separate order. 4 It appears that in pursuance of the award dated 23.10.2008, for an amount of Rs. 2,64,500/- with interest, passed in M.A.C. Petition No. 108 of 2005 (new), by Ex-officio Member, Motor Accident Claims Tribunal, Basmath, respondent no.1 herein has deposited part amount of Rs.1,25,000/- in this court and the applicants (original claimants) have preferred the present application for withdrawal of the same. 5 Shri Totla, learned counsel for respondent no.1 has no objection to withdraw the said amount by the applicant. Shri Totla, learned counsel states that respondent no.1 Insurance Company is not liable for payment of amount under the award, but this court thinks fit to permit the withdrawal of the amount by insisting upon the applicant to furnish the solvent security. 6 Shri Kale, learned counsel for respondent no.2 has no objection for withdrawal of the amount by the applicant. 7 In the light of the afore said submissions, this Civil 3 Application is allowed in terms of prayer clause ‘B’ thereof, subject to furnishing the solvent security to the extent of Rs.1,25,000/- by the applicant to the satisfaction of the Registrar of this court, and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca7417.10