1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12757 OF 2010 IN FIRST APPEAL NO. 952 OF 2010 Bhausaheb Kashinath Mate and others .. Applicants Versus The Oriental Insurance Co. Ltd. .. Respondent Shri P. F. Patni, Advocate for Applicants. Shri R. H. Jobanputra, Advocate for the Respondent No. 1. CORAM : S. V. GANGAPURWALA, J. DATE : 09TH SEPTEMBER, 2010. PER COURT : . This is an application by the claimants for withdrawal of the amount deposited by the Insurance Company pursuant to the orders passed by this Court. The claim of the present applicants came to be allowed by the Motor Accidents Claim Tribunal. The Insurance Company being aggrieved by the same has preferred this appeal. 2. Shri Jobanputra, learned counsel for the Insurance 2 Company submits that in fact, the driver of the offending vehicle had committed the breach of law and was driving the vehicle under the influence of liquor. The said aspect has not been considered by the Tribunal and as such, the Insurance Company has preferred the appeal. 3. Be that as it may, the same would require appreciation at the hands of this Court. In fact, the applicants are entitled for the amount is not disputed fact. In the light of the same I pass the following order. 4. The applicants are allowed to withdraw an amount of Rs. 2,50,000/- (Rs. Two Lac Fifty thousands only) on furnishing an undertaking in the form of an affidavit that if the appeal is allowed, they would deposit the said amount within one month. The applicants are allowed to withdraw the remaining amount on furnishing solvent security of the like amount. The civil application is disposed of. [S. V. GANGAPURWALA, J.] bsb/Sept. 10