(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 9217 of 2009 (In First Appeal No. 3072 of 2008) 1. Khairunnisa Begum w/o. Mohd. Abdul Majid, 2. Mohd. Abdul Majid s/o. Mohd. Abdul Mannan, 3. Naziya Begum d/o. Abdul Majid, 4. Abdul Mukarram s/o. Abdul Majid, 5. Sk. Lal s/o. Shaikh Hasan. .. Applicants. versus United India Insurance Co. Ltd., Through its Divisional Manager, Osmanpura, Aurangabad. .. Non-applicant. ....................... Mr. U.D. Dalvi, Advocate, holding for Mr. Mujtaba Gulam Mustafa, Advocate, for the applicants. Mr. S.G. Chapalgaonkar, Advocate, for the non-applicant. ........................... (2) CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 5TH OCTOBER 2009. COURT'S ORDER : 1. The application is filed on behalf of the applicants, for withdrawal of the amount of Rs. 4,00,000/-, fixed in the name of applicant no.1, and the amount fixed in the name of applicant no.3. 2. The amount is sought to be withdrawn on the ground that the applicant no.3's marriage is settled and the amount is needed for the expenses towards them. The amount deposited in the name of applicant no.1 is sought to be withdrawn on the ground that it is needed for the education of children. 3. The application is vehemently opposed by Mr. S.G. Chapalgaonkar, learned Counsel appearing for the non-applicant, Insurance Company. 4. Taking into consideration the grounds raised in the application, the application is partly allowed. (i) The applicants are permitted to withdraw fifty percent of the amount under award, on condition that the applicants furnish an (3) undertaking to this court, that in the event, at the final hearing of the appeal, it is found that the amount withdrawn by them is in excess of the amount to which they are entitled, they shall refund the same. (ii) It is needless to state, that while calculating the fifty percent of the amount, the amount already withdrawn shall be taken into consideration. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca9217