1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13435 OF 2010 IN FIRST APPEAL NO.776 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri. V.P. Latange, Advocate for applicants. Shri. A.A. Joshi, Advocate for respondent No.1. .... CORAM: NARESH H. PATIL & K.K. TATED, JJ. DATE : 22ND OCTOBER, 2010 1. Heard the learned Counsel for the parties. 2. The learned Counsel for respondent Insurance Company placed reliance on the Supreme Court judgment in the case of Machindranath Kernath Kasar vs. D.S. Mylarappa & Ors. reported in A.I.R. 2008 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders SC 2545 and submitted that as the driver was not made party respondent, the entire proceeding is vitiated and the claimants would not be entitled to any compensation. We have perused the said judgment. 3. Considering the findings reached, evidence led, we pass following order. : O R D E R : (A) The applicant No.1 Gangubai w/o Nanasaheb Gobare is entitled to withdraw an amount of Rs.2,00,000/- (Rs. Two lacs) on her behalf and on behalf of her minor children. The applicant No.4 Damodhar s/o Dhondiba Gobare and applicant No.5 Shantabai w/o Damodhar Gobare are entitled to withdraw an amount of Rs.75,000/- (Rs. Seventy five) each. Rest of the amount be deposited in any 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders nationalised bank in F.D.R. for initial period of three years with renewal clause. (B) The applicant No.1 Gangubai w/o Nanasaheb Gobare is entitled to furnish the bank account for transmitting quarterly interest in the said account. . The Civil Application is disposed of. sd/- sd/- [K.K. TATED,J.] [NARESH H. PATIL,J.] sut/OCT10/ca13435.10