1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12774 OF 2010 IN FIRST APPEAL NO. 1113 OF 2010 Shindubai Wd/o Ashok Pawar and others.. Applicants Versus Bhausaheb Haribhau Sawai and others .. Respondents Shri Amol P. Khedkar, Advocate for Applicants. Shri S. G. Chapalgaonkar, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . The present applicants are the original claimants. Their claim petition has been allowed. The Insurance Company has assailed the said award in first appeal. The same is admitted. Pursuant to the orders passed by this Court the non applicant/Insurance Company has deposited 50% of the amount awarded under the award. 2 2. The learned counsel for the non applicant/insurance company opposes the application on the count that this is a case of composite negligence and further two vehicles are involved in the accident. This fact has not been taken into consideration by the Tribunal while passing the award. Even if argument of the non applicant is accepted, that this is a case of composite negligence still the non applicant has been directed to deposit only 50% of the amount. As such, there would not be any impediment to allow the applicants to withdraw the amount. 3. The applicants are allowed to withdraw an amount of Rs. 1,00,000/- (Rs. One lac only) on furnishing an undertaking in the form of affidavit that in the event the appeal is allowed the applicants would deposit the amount in this Court within a period of one month. The applicants are allowed to withdraw the remaining amount on furnishing solvent security of like amount. The civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10