1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 93 OF 2011 IN FIRST APPEAL NO. 53 OF 2009 [United India Insurance Co. Ltd. Vs. Varsha Jagjivan Wankhede & Ors.] Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri D. N. Kukday, Adv for appellant. Shri A. S. Chandurkar, Adv for respondents 2 & 3. CORAM: .R. M. SAVANT J. Dated: 14 th JANUARY, 2011. The above civil application has been filed by the applicants who are respondents 2 and 3 to withdraw the amount of compensation deposited by the appellant-Insurance Company in this Court in terms of the award by the Motor Accident Claims Tribunal. The decretal amount is to be divided in 5 equal shares. The decretal amount is to the tune of Rs. 12,80,036/-, therefore, as per pro-rata basis the applicants i.e. respondents 2 and 3 would be entitled to a sum of Rs. 2,40,000/- each approximately. Financial need of the respondents 2 and 3 i.e. the applicants has been disclosed in 2 para 3 of the civil application. It is stated that both the said respondents are pursuing their education in the Engineering Course at Pune. Learned counsel Shri Kukday appearing for the Insurance Company fairly states that an amount of Rs. 1,00,000/- may be allowed to be withdrawn even without security as ultimately in terms of the policy that would be the liability of the appellant Insurance Company even if it succeeds in the appeal. Considering the said statement made by Shri Kukday learned counsel appearing for the Insurance Company, the learned counsel for respondents 2 and 3 Shri Chandurkar states that the above application may be restricted to the amount of Rs. 1,00,000/-. Civil Application is therefore allowed by allowing the applicants to withdraw the amount of Rs. 1,00,000/- from the amount which has been deposited in this Court and out of the total amount of Rs. 4,80,000/- approximately which would be due to the applicants in terms of the impugned award. The said amount is allowed to be withdrawn without furnishing any security or surety. Insofar as balance amount of Rs. 3,80,000/- which would lie to the share of the applicants out of the balance remaining amount, applicants would be at liberty to file a fresh application, if so advised in future. Civil Application is accordingly disposed of. JUDGE svk 3 4 5 6