1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.F. NO. 2530/2010 IN First Appeal No. 108/2010 (The new India Assurance Co. Ltd. VERSUS Kavita Dilip Raut & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J. Pophaly, counsel for the applicant. Shri V.L. Jaiswal, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 7 , 2010 . Heard. According to the learned counsel for the appellant, the application needs to be rejected as the deceased person, who was riding the motorcycle at the relevant time was not a third party as it was the motorcycle, which was insured with the appellant-Insurance Company. In the facts and circumstances of the case and because the first appeal is admitted, the respondent nos.1 to 5 are permitted to withdraw an amount of Rupees One Lac on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). The balance amount may be placed in a fixed deposit account of a nationalized bank initially for a period of 2 three years and the same should be renewed thereafter from time to time during the pendency of the first appeal. The civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE