1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4423 OF 2008 IN FIRST APPEAL (ST.)NO.12756 OF 2006 Nathuram Sadhu Pokale ..Appellant V/s. The United India Insurance Co.Ltd. & Anr. ..Respondents Mr.C.M.Lokesh for the Appellant/Applicant. Mr.M.G.Ghotekar for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 29TH, 2008. P.C. By the above Civil application, the Appellant/Applicant seeks withdrawal of the decretal amount which has been deposited by the Appellant United India Insurance Company Ltd., 2 pursuant to the order dated 5th Marcy, 2008 passed in Civil Application No.4155 of 2006 and Civil Application No.3811 of 2006 in the above First Appeal. The Appellant who is the Respondent No.1 in the above Appeal is the original claimant who is awarded a sum of Rs.2,61,800/- with future interest at 7.5% p.a. by the Motor Accident Claims Tribunal, Mumbai. The Respondents to the above Application i.e. the Appellants in the First Appeal have deposited an amount of Rs.3,16,761 pursuant to the order dated 5th March, 2008 passed in the Civil Application filed by the Respondents/Appellants. It appears that the Respondent No.1 is unwell and according to the learned counsel for the Appellant it may be that his leg might have to be amputated because of infection which has set in. In my view therefore, the interest of justice would be served if the Applicant is allowed to withdraw a sum of Rs.1,00,000/- at this stage so that his medical expenses etc., and immediate requirements of his 3 family can be taken care of. As regards the balance of the amount, since the Civil Application No.4155 of 2006 for condonation of delay filed by the Respondent/Appellant is as yet pending on account of the office objection that the Respondent No.2 has not been served and since a conditional order has been passed today in the said Civil Application, the Applicant above named would be entitled to file a fresh application for withdrawal of the balance amount, when the above First Appeal is taken up for admission or in the event if the delay is not condoned. 2. Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.] 4