* 1 * CAF. 895.2010 in F.A.422.2010 19.4.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1546 OF 2010 IN FIRST APPEAL NO. 422 OF 2010 Bajaj Allianz General Insurance ...Applicant V/S. 1. Smt. Sangeeta Bhausaheb Ghadwaje & Ors. ...Respondents * * * * Mr. M.M. Sathaye, adv.for the applicant. Mr. R.N. Gite, adv.for respondents no.1 to 5. CORAM :- Smt. R.P. SondurBaldota, J. 19th April, 2011. P.C. :- 1. This Civil Application is filed by the original claimants for withdrawal of the amount deposited by the applicant-Insurance Company before the Tribunal. The application is opposed by the applicant. 2. Perusal of the impugned judgmnent and order shows that the Tribunal had directed the applicant-Insurance Company to pay the amount of compensation to the claimants, despite, arriving at the * 2 * CAF. 895.2010 in F.A.422.2010 19.4.2011 conclusion that the applicant is not liable to indemnify the owner of the motor vehicle in view of breach of the terms and conditions of the insurance policy. The applicant has established before the Tribunal that the driver of the offending vehicle did not have license at the time of the accident. Mr. Sathe, submits that the impugned judgment and order directs the applicant to pay the compensation awarded to the claimants and later recover the same from the owner of the offending vehicle. This direction has been given without justifying the need for it. Further, the Tribunal has also held that the claimants have failed to established any direct loss of income from the agricultural land due to the demise of the deceased in the accident. It has noted that admittedly, the agricultural land which was allegedly being cultivated by the deceased and which is ancestral property of the claimants and the deceased, is still available in the hands of the claimants. The claimants include the parents of the deceased, his widow and his children. According to the claimants, the deceased had developed a grape garden over the land and has been producing expert quality of grapes. In these circumstances, the original claimants even if are to be permitted to withdraw any amount, the same has to be with security. Considering the facts and circumstances of the case, the original * 3 * CAF. 895.2010 in F.A.422.2010 19.4.2011 claimants are permitted to withdraw 50% of the amount deposited on furnishing bank guarantee. [SMT. R.P. SONDURBALDOTA, J]