1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.3528 OF 2011 IN FIRST APPEAL NO.38 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 04.05.2011. 1. Heard. 2. This is an application for withdrawal of amount. Mr.Deshpande, learned counsel opposes the application on the ground that the policy is act only policy and the liability of Insurance Company would never exceed Rs.1,00,000/- (Rupees one lac only) even as per the policy. In fact, the Insurance Company is not at all liable as it is a case of breach of policy. Today the award is in favour of the applicants. Prima facie, the liability of the Insurance Company appears to the extent of Rs.1,00,000/- (Rupees one lac only). 2 The applicants Nos.2 to 4 are minors. The amount awarded to them will have to be safeguarded. In that light of the matter, I pass the following order : ORDER (i) The applicant No.1 is allowed to withdraw an amount of Rs.1,00,000/- (Rupees one lac only) on furnishing an undertaking to this Court that in case the appeal is allowed and the applicants would deposit the same within a period of one month. The rest of the amount be kept in Fixed Deposit in any Nationalised Bank. The applicant No.1 would require some amount for maintenance, education of applicant Nos.2 to 4. As such the interest accrued on the amount of the Fixed Deposit shall be allowed to be withdrawn by the applicant No.1 every quarter. (ii) The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.04.05.2011. asp/office/fa38.11 3